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(영문) 울산지방법원 2020.11.18 2020고단3997
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Ulsan District Court on September 21, 2016.

around 23:55 on August 30, 2020, the Defendant driven approximately 200 meters of alcohol level 0.156%, while under the influence of alcohol level 0.156%, the Defendant driven the E QM3 car volume in front of the Ulsan-gun B apartment commercial building, Ulsan-gun, B apartment building, from the road to the road front of the D Parking lot located in C.

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 results of the drinking driving control, the results of the drinking driving control, and the circumstantial statement of drinking drivers;

1. Application of Acts and subordinate statutes attaching criminal records, reply reports, 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 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 revealed in the records, such as the confession of the instant crime and the penology of the Defendant, the record of driving under influence once a fine, the Defendant does not cause any additional damage due to the driving under influence of alcohol, the degree of blood alcohol concentration by the Defendant at the time of the instant crime, the distance, age, character and behavior, the environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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