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(영문) 울산지방법원 2016.12.08 2016고단2608
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 10, 2012, the Defendant issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Ulsan District Court on January 10, 2012, and issued a summary order of 5 million won by the same court on November 26, 2013. On January 23, 2015, the Defendant was sentenced to a summary order of 5 million won by the same court on the same crime, and on January 23, 2015, the Defendant was sentenced to 2 years of imprisonment with prison labor for a violation of the Road Traffic Act and is currently under the suspension of execution.

피고인은 2016. 6. 20. 22:38경 울산 남구 야음동에 있는 땡기네 주점 앞 도로에서부터 같은 동에 있는 KT건물 앞 도로에 이르기까지 약 300m 구간에서 혈중알콜농도 0.053%의 술에 취한 상태로 B 포터Ⅱ 화물차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. To inquire about reports on the state of state of drinking drivers, and the results of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of the same kind of judgment);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant has already been able to drive under drinking three times, and in particular, this case is committed during the period of suspended sentence due to drinking under the influence of alcohol, considering the very unfavorable circumstances or reflects, and the amount of drinking under the influence of alcohol is not higher than 0.053%.

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