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(영문) 울산지방법원 2020.05.21 2019고단4455
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 August 18, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the same court on September 7, 2015 to a fine for the same crime, respectively.

On October 12, 2019, at around 08:54, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol content of 0.048% from approximately 500 meters to the front of the E Office located in Ulsan-gu B, Ulsan-gu.

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

Summary of Evidence

1. The defendant's legal statement and the defendant's report on the circumstantial statement of the drinking-driving driver made after checking the control;

1. Requests for appraisal, inquiry into criminal records, and application of each summary order statutes;

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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