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(영문) 울산지방법원 2020.04.22 2019고단5250
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 11, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

On December 12, 2019, at around 22:45, the Defendant driven a F Sti-type car with approximately 300 meters alcohol level 0.203% under the influence of alcohol level from the front point of “C” located in Ulsan Northern-gu B to the front road in D.

Accordingly, the Defendant driven a motor vehicle 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 the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the criminal history record, reference report, investigation report (Attachment to a summary order of the same attached power), and 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 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 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 occurrence of additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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