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(영문) 울산지방법원 2020.01.08 2019고단3295
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On August 23, 2019, at around 21:15, the Defendant driven a F FFD car in the state of alcohol alcohol concentration of about 0.077% from a 300-meter section from the front of the building C to the front of the road located in D in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation 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 53 and 55 (1) 3 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is not well-known, and it is poor that the defendant has committed the crime of this case, but not committed the crime of this case. However, the defendant led to confession and repent of the crime of this case, the defendant has a record of driving under influence only once, the defendant has no additional traffic accident, etc. due to driving under influence of this case, and the defendant has no record of driving under influence of this case, and the defendant's blood alcohol concentration level at the time of the crime, drinking alcohol level, distance, age, character and conduct, environment, motive, means and result of the crime, etc. shall be comprehensively taken into account all the circumstances revealed in the records, such as the following circumstances

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