(영문) 울산지방법원 2020.03.11 2019고단4601

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자간(%)

(영문) 울산지방법원 2020.03.11 2019고단4601

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Ulsan District Court.

On November 3, 2019, at around 18:00, the Defendant driven D in a state of alcohol alcohol concentration of about 8km from the front side of Ulsan-gu B to Ulsan-gu C, Ulsan-gu, with approximately 0.176% alcohol concentration, while driving D in a state of alcohol alcohol level of about 8km.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial statement of a drinking driver, the written appraisal of blood alcohol, and the inquiry into the results of the control of drinking driving (time 17);

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports (Attachment to judgments on criminal records of the same kind);

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 the following circumstances: (a) the accused has led to the confession of the crime in this case and has been repented; (b) the accused has a history of driving alcohol once; (c) the accused has suffered physical damage due to the drinking driving in this case; and (d) the accused has suffered from blood alcohol concentration and alcohol level at the time, the distance, age, character and conduct, the environment, motive, means and consequence of the crime; and

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