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(영문) 울산지방법원 2020.11.20 2020고단3804

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On January 31, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Busan District Court’s Dong Branch branch branch on January 31, 201, and on October 27, 2016, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the Ulsan District Court on October 27, 201, and was sentenced to a fine of KRW 12 million for the same crime on November 25, 2019.

【Criminal Facts】

On June 30, 2020, at around 22:01, the Defendant driven approximately 100 meters of alcohol level from the B around Ulsan-gu B to the front road of the parking lot in C, and without a driver’s license, the Defendant driven a 125cc-free letoma in the breath of 0.031% of alcohol level while under the influence of alcohol level without a driver’s license.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice, and at the same time, he driven the above motorcycle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and investigation report;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, etc. inquiry report, a copy of judgment (2020 highest 1143), a copy of summary order (2016 highest 1914), a copy of summary order (201 highest 120) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Road Traffic Act (Punishment provided for in the provisions of the Road Traffic Act) of the ordinary concurrent crimes;

1. Selection of an alternative fine for punishment;

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

1. Prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the fact that the Defendant committed the instant crime of drinking alcohol even though he/she was under trial due to drinking driving committed on November 25, 2019, is disadvantageous to the Defendant.

They are driving under the influence of alcohol.