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(영문) 울산지방법원 2021.01.14 2020고단4133
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 29, 2003, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Ulsan District Court on September 15, 2009.

On September 14, 2020, the Defendant driven a car at 23:15 square meters 0.083% alcohol level in front of Ulsan Metropolitan City, Nam-gu, Seoul Metropolitan City, and the front road in front of the same Gu D market, under the influence of alcohol leveling to 0.083%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant’s legal inquiry into the results of regulating driving of drinking alcohol, and investigation report on the circumstances of the driver placed in driving (report on the circumstances of the driver placed in driving in driving in driving);

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, reporting on the results of previous convictions in disposition, and applying Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had been punished for driving alcohol as stated in its reasoning, commits the crime of drinking alcohol in this case again, and the blood alcohol concentration exceeds the driver's license revocation standard. Meanwhile, the defendant acknowledges the crime, while there is time interval between the previous conviction and the crime in this case for more than 10 years, and the punishment is determined as ordered by taking into account all the factors such as the motive and circumstance of the crime, method and consequence of the crime, circumstances after the crime, Defendant's age, environment, criminal record relation, etc.

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