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(영문) 울산지방법원 2020.10.15 2020고단2348
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On August 14, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court.

On May 26, 2020, at around 21:45, the Defendant driven a Da QM6-car while under the influence of alcohol concentration of approximately 1.5 km from May 26, 202 to the front road of Ulsan-gun B.C.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, inquiry into criminal records, and investigation reports (previous and confirm) on the criminal records of his/her criminal records of his/her oral statement carried out by drinking drivers;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act to the order of provisional payment shall be determined by taking into consideration the circumstances leading to the driving under influence of alcohol, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;

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