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(영문) 울산지방법원 2021.01.27 2020고단4647
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 September 7, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court.

On October 15, 2020, the Defendant driven a C Sspoon car with a alcohol level of about 5.7 km from approximately 0.182% under the influence of alcohol level of around 0.182%, to the front road of Ulsan-gun apartment complex B, Ulsan-gun, Ulsan-gun, Seoul-do, Seoul-do, under the influence of alcohol level of around 00:54.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (the same kind of force);

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense and the selective punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant led to the crime in this case and repents, the defendant has a driving record of drinking once, the defendant does not cause any additional damage, such as traffic accident, etc. due to the driving of drinking in this case, and the defendant's blood concentration level at the time of driving in this case, drinking alcohol level, driving distance, age, sex, sex behavior, environment, motive, means and consequence of the crime, and all other circumstances shown in the records, such as the circumstances after the crime, etc., shall be determined as ordered.

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