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(영문) 울산지방법원 2020.05.21 2019고단4672
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 30, 2015, the Defendant was sentenced to suspension of indictment against the charge of violating the Road Traffic Act at the Ulsan District Prosecutors' Office.

On October 21, 2019, around 01:05, the Defendant driven an E QM6 vehicle under the influence of alcohol leveling 0.101% from the section of approximately 400 meters of blood alcohol level from the front of the B apartment in Yangsan City to the front of D in the same city C.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's report on the circumstantial statement of the drinking-driving driver made after checking the control;

1. The provisions of Acts and subordinate statutes shall apply to inquiry into criminal records, investigation into criminal records, the rejection of disposition, and reporting on the results of confirmation;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, and selection of fines;

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 to the order of provisional payment shall be determined by taking into consideration the circumstances leading to the driving under influence of alcohol, blood alcohol concentration, driving distance, criminal punishment records, and the circumstances after the crime;

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