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(영문) 울산지방법원 2020.12.23 2020고단4300
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 September 5, 2014, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Ulsan District Court.

On November 23, 2020, the Defendant driven an E rocketing car with approximately 500 meters alcohol concentration 0.151% under the influence of alcohol from the front of the cooperative located in Ulsan Jung-gu, Ulsan-gu, Seoul to the front intersection of the D apartment in Ulsan-gu, Ulsan-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of a summary order on criminal records, etc., inquiry report, investigation report (Attachment to a summary order of the same attached power), and summary order (No. 8467);

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 indicated 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, the defendant's personal damage does not occur even if he/she was injured by drinking driving in this case.

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