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(영문) 울산지방법원 2015.10.08 2015고단1822
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 13, 2008, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on March 15, 2010, 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.

On July 22, 2015, the Defendant, while under the influence of alcohol of 0.073% of blood alcohol concentration at around 08:21, the Defendant driven a 10km section as a shower car from the area near Pulriju-gun, Ulsan-gun, Ulsan-gun, Gulri-gun, to the front of the eropora.m. B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the results of the drinking driving control, and report on the state of drinking drivers;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has two times the criminal defendant was punished due to drunk driving is disadvantageous to the criminal defendant.

However, it is driving under the condition that the defendant is against himself or herself, and that he or she is under the influence of he or she less.

The punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, background of drinking driving, distance of drinking driving, circumstances after the crime, etc., such as the fact that the drinking alcohol level seems to have been exposed by drinking control (the second time of drinking driving is also deemed to be such), the higher level of drinking alcohol level, and the fact that there has been no criminal records for about five years and there is no criminal records over suspended execution or more.

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