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(영문) 울산지방법원 2020.06.11 2019고단4880
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 February 26, 2007, the defendant was given a summary order of a fine of one million won by the Ulsan District Court for a violation of the Road Traffic Act.

On November 2, 2019, at around 07:30, the Defendant driven Bsch-ton car at the section of about 5km and around 0.050% of blood alcohol concentration from the roads near Ulsan-gu, Ulsan-gu, Ulsan-gun to the front day of the profit-making vessel in Ulsan-do.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, the record inquiry into criminal records, and investigation reports (the confirmation report of the same kind of power) on the criminal records of his/her opening of the oral statement and the control of drinking driving;

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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