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(영문) 울산지방법원 2018.04.12 2018고단271
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 17, 2014, the Defendant was issued a summary order of KRW 3 million with fines of KRW 2 million for the same crime at the Ulsan District Court on August 9, 2017, as a crime of violation of the Road Traffic Act (drinking driving) in support of the Sungnam-do Friwon method.

On January 13, 2018, the Defendant driven C QM3 automobiles under the influence of alcohol content of about 0.187% from the 1m section to the front of the dong point of the Shasan-ro, Ulsan-gu, Seoul-ro, QM3 automobiles on the front of the Shasan-ro, QM3 automobiles, where the Defendant was under the influence of alcohol content of about 1m.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol even though the Defendant violated the Road Traffic Act two times.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense / [Selection of a punishment penalty] of the relevant Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include two times the criminal records of punishment for driving under drinking, the case is that the defendant once again drives under drinking. However, the fact that the defendant was under a serious penure of errors and disposed of a motor vehicle and received treatment for proof of alcoholic content, and the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, etc., the sentence like the disposition shall be determined by taking into account the following factors:

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