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(영문) 울산지방법원 2020.07.23 2020고단377

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 October 5, 2009, the defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act at the Ulsan District Court on October 5, 2009.

On January 11, 2020, at around 07:08, the Defendant driven a d 124C obba in a state of alcohol alcohol concentration of about 0.045% from a section of about 500 meters from the front of the building B in Ulsan-gu to the front of the same Gu C.

Accordingly, the defendant has driven Article 44 (1) 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 a drinking driver;

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

1. A previous conviction: An inquiry report, an inquiry report, a report on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes of a summary order;

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 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 leads to the instant crime even though the Defendant was punished twice due to drunk driving, including the previous conviction in the judgment. Meanwhile, the blood alcohol content of the instant case is not relatively high by 0.045%, and there are circumstances to consider the circumstance leading up to driving due to the so-called night driving, which had been driven to work in the state where the previous drinking was not resolved, the recent period between the previous conviction and the date of the instant crime is high, the recognition of and reflects the crime, and the motive, background, method and consequence of the crime, the circumstances after the crime, the Defendant’s age, environment, and criminal record relation, etc.