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(영문) 울산지방법원 2020.11.12 2020고단2428
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On November 2, 2016, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

[Criminal Facts] On June 5, 2020, at around 21:55, the Defendant driven Cpote car under the influence of alcohol with approximately 50 meters in a distance of about 0.067% in blood alcohol concentration from the front of the street in Ulsan-dong, Ulsan-dong to the front of the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (formers and verifications);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 fact that there is a record of being sentenced to a fine once (2016) due to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no other criminal record, the fact that the crime is divided, the reason for drinking alcohol and driving under the influence of alcohol, and the occupation and age of the accused, etc.

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