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(영문) 울산지방법원 2020.04.29 2019고단5361
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 17, 2014, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

On December 1, 2019, at around 22:02, the Defendant driven a C low-speed car in the state of alcohol alcohol concentration of about 0.151% in the section from around 8m to the B apartment parking lot from the road on the side of Ulsan-gu apartment B apartment to the B apartment parking lot.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on the occurrence of a traffic accident, a site photograph of an accident, a survey report on actual condition, an inquiry into the results of the crackdown on drinking driving, and an circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the criminal history record, inquiry report, and summary order;

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 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 Defendant and the repenting of the instant crime, the Defendant’s history of driving alcohol once a fine, the Defendant’s physical damage due to drinking driving of the instant case, the background leading up to the instant crime, the degree of blood alcohol concentration at the time of the Defendant’s committing the instant crime, the distance of driving alcohol, age, character and conduct, environment, means and consequence, and the circumstances after committing the crime

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