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(영문) 울산지방법원 2017.01.13 2015고정1359
도로교통법위반(음주운전)
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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

[Power of crime] On September 1, 2008, the Defendant was issued a summary order of KRW 500,000 by the Changwon District Court for a violation of the Road Traffic Act (driving). On February 28, 2011, the Defendant was issued a summary order of KRW 2.5 million by the Busan District Court for the same crime.

[2] On June 7, 2015, the Defendant stated that the Defendant’s blood alcohol concentration of at least 0.05% is “0.07%” in the facts charged for the Defendant’s blood alcohol concentration of at least 0.07% from around 18km to the point of 10km in the direction of Seoul in the Gyeongnam-si, Namcheon-gu, Busan, Busan, Busan, to a point of not more than 0.05 meters in the direction of Seoul. However, since the Defendant’s blood alcohol concentration of at least 0.07% was measured from the time when the Defendant was driving, the evidence submitted by the Prosecutor alone alone does not deem that the Defendant’s blood alcohol concentration of at the time of driving is exactly “0.77%”.

Accordingly, criminal facts are recognized to the extent that it does not substantially disadvantage the defendant's exercise of his/her right of defense.

While under the influence of alcohol, C SP car was driven.

As a result, the Defendant, who had a driving force of drinking more than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. The Defendant driven the vehicle immediately after drinking, and the blood alcohol concentration was risen at the time, and the drinking of the instant case was measured by a considerable time after the Defendant driven the vehicle.

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