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(영문) 울산지방법원 2020.11.26 2020고단2389

도로교통법위반(음주운전)

Text

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 January 15, 2010, the Defendant was issued a summary order of two million won or more due to a violation of the Road Traffic Act by the Ulsan District Court.

On May 27, 2020, at around 23:27, the Defendant driven a B inep passenger car under the influence of alcohol content of about 0.104% from a neighboring Do of the Ulsan-gu bus terminal, Ulsan-gu, Seoul-do, to the “Yancheon-dong,” located in the summer-gu, Namcheon-gu, Ulsan-do, Seoul-do, for approximately 150 meters away from May 27, 202.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement, statement and control of drinking driving, and circumstantial statement of the drinking driver (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification reports on re-offending records of sound driving), and application of Acts and subordinate statutes governing summary orders;

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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, where the defendant's blood alcohol concentration ratio exceeds 0.104%, and there are criminal records for the same crime as stated in its reasoning, while the defendant acknowledges the crime, there is a considerable interval of time between the previous conviction in its ruling, and the distance of driving is somewhat short, the punishment is determined as ordered in consideration of the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the defendant's age, the environment, and the criminal record relation, etc.