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(영문) 울산지방법원 2020.09.09 2020고단2511
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 May 17, 2010, the defendant was notified of a summary order of a fine of one million won by the Ulsan District Court for the violation of the Road Traffic Act.

On June 11, 2020, at around 21:13, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.050% from the section of approximately 30 meters to the front road of the building C from Ulsan-gu B, Ulsan-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the results of the drinking driving control, and a statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes of one copy of the criminal record, reference report, investigation report, and summary order;

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;

1. Articles 53 and 55 (1) 6 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 Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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