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(영문) 울산지방법원 2020.10.21 2020고단3025

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 22, 2013, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Ulsan District Court.

At around 02:55 on July 5, 2020, the Defendant driven a DNA motor vehicle while under the influence of alcohol concentration of 0.172% in a section of approximately 2 meters of blood alcohol content in the south-gu Seoul Metropolitan Government B.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Report on the defendant's legal statement, the result of the drinking driving control, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (attached to summary orders), and application of Acts and subordinate statutes of one copy of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] The sentencing guidelines is not set [the sentencing guidelines]. [Pronouncement] The sentence is determined as per the order, comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below KRW 7 million.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drunk driving, but he/she also has a record of punishment; and the circumstances that are favorable to the high blood alcohol concentration: there is no history of probation or higher.