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(영문) 울산지방법원 2020.06.17 2019고단4942
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 August 10, 2016, the defendant was given a summary order of a fine of three million won by the Ulsan District Court for a violation of the Road Traffic Act.

On November 22, 2019, at around 06:10, the Defendant driven D's car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.042% from the 2km section from the front road in Ulsan-gu, Ulsan-gu to the Dongcheon-dong located in the same west-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (report on confirmation of the same type of force);

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;

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 Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.

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