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(영문) 울산지방법원 2017.11.24 2017고단3789
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6,500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On March 31, 2009, the Defendant was sentenced to a fine of KRW 1 million for the same crime from the Daegu District Court Kimcheon on June 15, 2015 to a fine of KRW 1,500,000 for the same offense, in support of the Sungnam-do Office of Friwon on March 31, 2009.

Nevertheless, the Defendant, on October 14, 2017, driven a Bknife vehicle under the influence of alcohol at a section of approximately 0.056% alcohol concentration from a section of approximately 1 kilometer from the apartment parking lot to the tring road located in the same Dong from sunrise-gu, Ulsan-gu, Ulsan-do, U.S., to a point of view in front of the tring of the therb in the same Dong, while driving the vehicle again under the influence of alcohol, after having violated Article 44(1) of the Road Traffic Act twice or more times.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and statement on the circumstances of drivers of alcohol; and

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (examination of previous history thereof and the statute applicable to a person driving under drinking;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the factors of sentencing unfavorable to the Defendant, such as the fact that the Defendant had been punished twice due to drinking prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the Defendant had the same history of driving at once and other punishment, etc., or that there was no record of driving at once other than the two times punishment for driving at once and there was no record of punishment for driving at once other than the above two times punishment, and that the amount of alcohol concentration in the blood of this case has not been high, the punishment is determined as ordered.

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