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(영문) 울산지방법원 2020.12.23 2020고단3950
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On November 23, 2016, the Defendant is a person who has received a summary order of a fine of KRW 3 million from the Ulsan District Court for a violation of the Road Traffic Act.

On May 28, 2020, around 00:54, the Defendant driven a DNA car from the B apartment door in Yangsan-si to the front parking lot in the apartment complex of approximately 200 meters with blood alcohol concentration of about 0.043% under the influence of alcohol.

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. Report on the results of the control of drinking driving (4) and the status of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports and investigation reports;

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 shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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