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(영문) 울산지방법원 2020.08.12 2020고단1826

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 September 29, 2009, the defendant was sentenced to suspension of indictment for violating the Road Traffic Act at the Busan District Prosecutors' Office.

At around 20:30 on April 15, 2020, the Defendant driven a F bargaining car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.127% from the front of the “C” road located in Yangsan City B to the front of the “E convenience store” located in D at Yangsan City.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Criminal history records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (related to re-offending of sound driving);

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;

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 sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances revealed in the records, such as the following: (a) the accused confessions the instant crime and repents; (b) the accused has a history of drinking driving once; (c) the accused does not cause additional damage, such as traffic accidents due to drinking driving in this case; and (d) the accused does not cause additional damage, such as blood alcohol concentration level at the time of the commission of the instant crime; (b) the distance and age of drinking alcohol level