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(영문) 울산지방법원 2016.04.01 2016고정203
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on April 5, 2010, and a fine of seven hundred thousand won for a crime of violating the Road Traffic Act (drinking driving) at the same court on April 5, 2010. On March 20, 2015, the Defendant was sentenced to imprisonment with prison labor at the Ulsan District Court on June 4, 2015, and the judgment became final and conclusive on August 4, 2015.

On May 15, 2014, the Defendant used approximately 800 meters section from the Do in front of the frequency cluster to the road before the place of business of Samsung Samsung Motor Vehicle, which was under the influence of alcohol with 0.056% alcohol content during blood.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol as a person who committed a crime of violating the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving at home and statement in the circumstances of the driver at home;

1. Investigation report (investigation into the borrower's residence);

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55(1)6 of the Criminal Act of the Reduction of Minimum Quantity [the amount shall be determined in consideration of the following: (a) the drinking value of this case (0.056%) and the war drinking alcohol of previous drinking (0.057%, 0.062%) are not high; (b) the crime of this case is in a concurrent crime with the crime of injury for which imprisonment is sentenced as stated on all the facts constituting the crime and the crime of injury after Article 37 of the Criminal Act; and (c) the crime of this case is against the latter part of Article 37 of the Criminal Act]

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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