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(영문) 울산지방법원 2014.02.14 2013고단4005
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act, and a fine of KRW 2.5 million by the same court on May 15, 2009 for a violation of the Road Traffic Act.

On November 19, 2013, at around 07:25, the Defendant driven CM7 car under the influence of alcohol of about 7 km from the road in front of the agricultural and fishery product market in Ulsan-gu, Ulsan-do to the front road of the Dongdong Apartment apartment in the north-gu, Seoul-gu, Seoul-do, to the front road of the Dongdong apartment in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Requests for appraisal;

1. On-site photographs;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repeats the same kind of crime even though he had the record of being punished twice due to drunk driving, and the current Road Traffic Act provides that the person who has violated the prohibition of drunk driving at least twice or the person who has violated the prohibition of drunk driving is more than 0.2% of the blood algo concentration, which is disadvantageous to the defendant.

It is an element of sentencing favorable to the defendant that the defendant has the criminal history above the suspension of execution, that there is no criminal history above the suspension of execution, and that the criminal records of the defendant have been more than four years.

Other conditions of sentencing, such as the age, character and conduct, environment, and circumstances after crimes, shall be determined as per the order.

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