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(영문) 울산지방법원 2014.08.14 2014고단1067
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 29, 2008, the Defendant received a summary order of one million won or more as a crime of violation of the Road Traffic Act from the Ulsan District Court, and a summary order of 1.5 million won or more as a crime of violation of the Road Traffic Act in the same court on September 15, 2009.

On April 3, 2014, at around 02:50, the Defendant driven BM5 car with one meter while under the influence of alcohol content of 0.142% on the 20-way side of Ulsan-gu, Ulsan-do, 5-gil.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of certificate of an acting driver);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the order of provisional payment is heavy in the situation, such as the fact that the defendant drives the instant drinking, and the high drinking level of drinking water, although he had a previous conviction who was punished on account of drinking.

However, a reasonable amount of fine shall be selected in consideration of the short distance of drinking driving and the fact that the defendant reflects the mistake, etc.

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