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(영문) 울산지방법원 2020.05.08 2019고단4257
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 August 24, 2009, the Defendant was sentenced to a fine of one million won by the Busan District Court as a crime of violation of the Road Traffic Act.

On October 16, 2019, at around 09:25, the Defendant driven an Erestex vehicle under the influence of alcohol concentration of about 0.047% at the distance of about 2 km from the front of Ulsan-gu B apartment to the front of D in Ulsan-gu, Ulsan-gu. C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To refer to inquiries, such as inquiries about the results of crackdown on drinking driving, reports on the circumstantial statements of drinking drivers (before the date of marketing), criminal records, etc., and to the application of Acts and subordinate statutes on investigation reports;

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 for a crime;

1. Articles 53 and 55 (1) 6 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been punished once for the same kind of drunk driving, the punishment shall be imposed as ordered by the order, taking into account various sentencing factors such as the defendant's age, environment, family relationship, blood alcohol concentration and driving distance, and conditions after the crime, etc., that the defendant committed the crime of this case before ten years, the defendant led to the confession of the crime of this case, and there was no record of punishment exceeding the fine, and that there was no record of punishment in excess of the fine, the defendant took alcohol after drinking, and when driving on the following day, the amount of blood alcohol concentration is not high enough to meet the control standard.

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