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(영문) 울산지방법원 2020.05.13 2020고단70
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 25, 2017, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

On December 28, 2019, at around 22:15, the Defendant driven a car at a section of about 300 meters EMW 528i, from the 300-meter radius to the front road of Ulsan-gu B apartment road, while under the influence of alcohol 0.18%.

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 crackdown on drinking driving, and report on the actual state of drinking drivers;

1. Criminal records, reply reports on criminal records, pre-disposition records, results of confirmation, and application of Acts and subordinate statutes of a 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 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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