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(영문) 울산지방법원 2020.08.20 2020고단2079

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 May 25, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Busan District Court.

On May 1, 2020, at around 22:56, the Defendant driven a Category B motor vehicle under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.068% at the distance of 0.068%, from the front side of the KTX Ulsan mountain parking lot located in Ulsan-gun, Ulsan-gun, GTX Ulsan-gun, Ulsan-gun, Seoul-do, to the private-distance road located in the 2ndm of Ulsan-gun, Ulsan-gun.

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

1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power and repeated crimes);

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 sentence of provisional payment order under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances revealed in the records, such as the following circumstances and the defendant’s age, character and conduct, environment, and circumstances after the crime.

The defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) at the Busan District Court on March 22, 2013, and completed the execution of the sentence on September 13, 2018 and committed the crime of this case without being aware of the fact that he/she committed the crime of this case: The fact that he/she recognized his/her mistake and reflects himself/herself, and that the drinking water is not high.