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(영문) 울산지방법원 2020.04.02 2019고단4266
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 1, 2009, 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 September 1, 2019, at around 06:15, the Defendant driven an E rocketing car with approximately 2 km alcohol concentration of about 0.085%, from the front of the Defendant’s residence in Ulsan-gu, Ulsan-gun, to the D neighboring road in Ulsan-gun, Ulsan-gun.

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 circumstantial statement of a drinking driver;

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

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 for a crime;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 6 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished once for a drunk driving, the punishment as ordered shall be determined by taking into account all the circumstances indicated in the records, such as the fact that the defendant recognized his mistake and reflects the defendant, the fact that the defendant has no record of being punished beyond the fine, the fact that the person was punished for a drunk driving has been more than 10 years since he was punished for a drunk driving. The crime of this case constitutes so-called a so-called drunk driving, and the fact that the crime of this case constitutes the so-called drunk driving, the age

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