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(영문) 울산지방법원 2020.04.24 2019고단4196

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 June 29, 2007, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On October 22, 2019, at around 21:18, the Defendant driven an E-high-speed car with a blood alcohol concentration of about 0.10% in a section of about 300 meters from the front of the C Bank located in Ulsan Northern-gu B to the front of the same Gu D.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. References to criminal records and other reference records, investigation reports (Attachment to a summary order in the same case), and application of Acts and subordinate statutes governing summary order under the Ulsan District Court Act (No. 2007 high-ranking 11721);

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 sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is based on the social harm and danger of drunk driving on the ground of sentencing under Article 334(1) of the Criminal Procedure Act, which is disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to the effect that the defendant recognized his crime and commits a mistake, the distance from driving under the influence of alcohol is not long, and there was no danger of general traffic, such as traffic accidents, due to driving under the influence of alcohol. The crime of this case was committed after a long period of not less than 10 years from the time of the crime under the influence of alcohol, and the fact that the defendant has no other punishment force except the fine imposed by the former under the influence of alcohol.

In addition to the above sentencing circumstances, the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime are included.