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(영문) 울산지방법원 2019.10.30 2019고단2812
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 18, 2015, the Defendant issued a summary order of 1.5 million won for the crime of violating the Road Traffic Act at the Ulsan District Court on August 18, 2015.

On July 25, 2019, at around 23:25, the Defendant driven an E-5 vehicle while under the influence of alcohol with about 500 meters alcohol concentration of about 0.05% from the 500-meter section to the front road located in the same Gu C from the Southern-gu B, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply 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 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 provisional payment order is that the defendant led to the crime of this case and is repented, that the defendant has the records of punishment for the same kind of crime only once and there is no specific criminal punishment power, taking full account of the following circumstances such as the blood alcohol concentration and drinking alcohol concentration, drinking driving distance, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other records, such as the defendant's age, character and behavior, the environment, motive, means and consequence of the crime, etc.

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