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(영문) 울산지방법원 2020.06.04 2019고단4530
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 8, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, on December 22, 2008, to a summary order of KRW 1 million for the same crime at the Busan District Court, and on July 18, 2019, to a suspended sentence of two years for the same crime at the Ulsan District Court.

On October 24, 2019, at around 21:10, the Defendant driven a C-A-hurturged vehicle with a 0.061% alcohol level, without a vehicle driver’s license, on the road at approximately 15 meters prior to the T-A-hurg in Yangsan City.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and simultaneously drives a vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Application of three copies of the written judgment and summary order to the Supreme Court; and

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only the fact that the defendant was punished three times due to drunk driving, but also the period of suspension of execution due to drunk driving. In addition, the fact that the defendant was going to commit the instant crime is disadvantageous.

However, the fact that the defendant recognized his mistake, the driving distance is short, the drinking water is not high, the situation is causing the crime of this case to go to a nearby hotel in order to take the breath of the breath in alcohol, and there are some circumstances to consider the circumstances, support the breath of dementia and urology, support the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath, and

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