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(영문) 울산지방법원 2020.11.18 2020고단3887
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 17, 2010, the Defendant received a summary order of KRW 700,00 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On August 8, 2020, the Defendant driven a motor vehicle with Dent alcohol level of 0.095% under the influence of alcohol at a total of 400 meters from the front road of Changwon-si, Changwon-si, B to the front road of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving under the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A report on internal investigation (a written statement);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to previous records and summary orders);

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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