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(영문) 울산지방법원 2017.11.23 2017고정997
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 27, 2006, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 1.5 million due to a crime of violating the Road Traffic Act (drinking), and on January 29, 2007, a summary order of KRW 1.5 million was issued in the same court.

On July 19, 2017, the Defendant driven B dump truck under the influence of alcohol content of about 0.057% in a section of approximately 6km from the 6km to the front of a small restaurant located in the same 5-lane south of the Simsan apartment complex located in the 29-ro, Yangsan-si, Yangsan-si.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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