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(영문) 울산지방법원 2020.02.07 2019고단3559
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 1, 2009, the Defendant received a summary order of a fine of KRW 700,000 from the Ulsan District Court as a crime of violation of the Road Traffic Act.

Nevertheless, at around 22:15 on September 14, 2019, the Defendant, while under the influence of alcohol of about 1 km from the front of Ulsan-gun apartment to the Dro in C, the Defendant driven the Eland of Ireland, under the influence of alcohol of about 0.109%.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes of one copy of a summary order, such as inquiry about the results of the crackdown on drinking driving, the report on the circumstantial statements of a drinking driver (the previous record), criminal records, etc.;

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 crime, the punishment is determined as ordered in consideration of various sentencing factors such as the defendant's age, environment, blood alcohol concentration and driving distance, and circumstances after the crime, etc.

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