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(영문) 울산지방법원 2020.08.13 2020고단460

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 June 10, 2015, 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 January 11, 2020, at around 08:25, the Defendant driven a Crenren car in the state of alcohol alcohol concentration of approximately 0.072% from the 15km section to the southyang Tolive road located in the same Dong-si parking lot from the Yangsan City B apartment to the front road of the same Dong-si.

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. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Investigation report (the circumstantial report of an immigration driver);

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

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 of the provisional payment order has not been more than five years since the defendant was punished for a drunk driving as stated in the judgment of the court below, and therefore, the crime of this case was committed. The blood alcohol concentration at the time became more than 0.072%. Meanwhile, there are circumstances to consider the circumstances leading to the driving by the so-called night driving that had been driven in order to work in the state where the preceding day was not resolved, the defendant recognized and opposed to the crime, the defendant is committing a crime, the defendant has no history of punishment, the motive and background, method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, and criminal record relation, etc.