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(영문) 울산지방법원 2020.05.19 2019고단3622

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 7, 2017, the defendant was issued a summary order of KRW 4 million by the Busan District Court for the crime of violation of the Road Traffic Act.

At around 02:45 on September 3, 2019, the Defendant, at the B-si B-si B-si, went through a speed pedal while driving the car at the driver’s seat of the said car in order to cut off the car into Jin soil under the influence of alcohol level of 0.087% at the B-si farm.

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. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes in Part IV to inquiry reports on criminal records, etc., investigation reports (former and true facts), one written judgment, and four summary orders;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

Unfavorable circumstances: The defendant has been sentenced to a fine in 2017 due to drinking and unlicensed driving. After being sentenced to a fine in 2017, he again committed the crime of drinking under the influence of alcohol again in 2017. In light of the social harm and danger of drinking driving, the crime is not less light and the possibility of criticism is considerable, and the degree of alcohol concentration in blood is not low: The defendant's act is against his mistake while recognizing the crime. The crime of drinking under the influence of alcohol is not a road under the Road Traffic Act, but within the grounds of the defendant.