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(영문) 울산지방법원 2015.12.24 2015고단2688
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 November 2, 2007, 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 a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act on November 12, 2007.

On October 3, 2015, at around 07:38, the Defendant driven B Poter Cargo Vehicles with approximately 2 km alcohol concentration of 0.085% in the front of the Ulsan-gun, Ulsan-gun, Ulsan-do, from around 2km to the front of the Ulsan-gun, Ulsan-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The written statement of the defendant;

1. Report on the results of the control of drinking driving, that of the control of drinking driving, that of the control of drinking driving, and that 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. Although the criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act, even if there are two times the reasons for sentencing of the provisional payment order, it is not good that the criminal defendant is under the influence of drinking at once, but driving under the condition that the criminal defendant is under the influence of drinking at once, and where the drinking is less.

The punishment shall be determined as ordered in consideration of various sentencing conditions shown in the records, such as the defendant's age, character and behavior, environment, motive and background of drinking driving, distance of drinking driving, circumstances after the crime, etc., such as the fact that it seems to have been discovered by drinking control, the fact that there is no record of probation or higher, and there is no record of criminal punishment since 2008.

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