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(영문) 울산지방법원 2020.07.21 2019고단4770

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 4, 2010, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On August 9, 2019, at around 22:25, the Defendant driven a B low-speed vehicle while under the influence of alcohol content of about 3 km from the Sungdong in Ulsan-gu to the prosperity located in the same city, Nam-dong, Nam-gu. So, the Defendant driven a B low-est vehicle under the influence of alcohol content of about 0.067%.

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. The application of Acts and subordinate statutes, such as a blood collection appraisal statement and a circumstantial statement of a driver of the driving line, an inquiry inquiry statement including criminal records, and a summary order (No. 28) shall apply;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (the statutory penalty: imprisonment of not less than two years but not more than five years, or fine of not less than 10 million won and not more than 20 million won) of the Act on the Detention in the Nowon-gu, although there was a record of being sentenced to a fine once for the same kind of crime, the crime of this case is led to the confession of the crime of this case, the mistake is divided, the minor is fostering the minor, the same crime is punished prior to about 10 years, and there was no other record of punishment, other than the defendant's age, environment, the distance from blood alcohol concentration and driving, and the circumstances after the crime, etc., shall be determined as ordered by the order.