(영문) 울산지방법원 2020.11.04 2020고단3701

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(영문) 울산지방법원 2020.11.04 2020고단3701

도로교통법위반(음주운전)

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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 July 14, 2008, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On August 8, 2020, at around 21:15, the Defendant driven a public parking lot in Ulsan-gun, Ulsan-gun, with approximately KRW 7.5 km from the front of the public parking lot to the front road of Jung-gu, Jung-gu, Seoul-do, with a blood alcohol concentration of about 0.152% under the influence of alcohol.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Application of Acts and subordinate statutes of one copy of the criminal history record, inquiry report, and summary order;

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 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 takes full account of all the circumstances revealed in the records, such as the confession of the criminal act in this case and the repenting of the criminal act, the defendant's refusal to measure drinking, the defendant's occurrence of traffic accident due to drinking driving in this case, but damage to property, the occurrence of traffic accident due to the occurrence of the crime in this case, the situation after the crime was not good, and the defendant's occurrence of the record such as blood alcohol concentration level level at the time of the crime, the distance of drinking alcohol level, age, character

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