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(영문) 울산지방법원 2015.11.27 2015고단2169

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act, etc. at the port branch of the Daegu District Court on December 1, 2008, and on September 4, 2014, the said court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, and the said judgment became final and conclusive on September 12, 2014, and is currently under the suspended sentence.

On August 30, 2015, at around 06:40, the Defendant driven Cone Star-Cor in the state of alcohol alcohol concentration of about 0.073% from around the 4km-dong, Ulsan-gu, Ulsan-do to the front of the half-gu, Ulsan-gu, Ulsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to previous records, court rulings, etc.);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 is that the defendant has four times the criminal records of drinking driving, including once the sentence is imposed on the defendant, two times the suspended sentence, and that the defendant again commits the instant crime during the suspended sentence period is an unfavorable sentencing factor against the defendant.

피고인이 범행을 시인하면서 반성하고 있는 점, 피고인은 음주운전 단속 전날 밤에 술을 마셨고, 잠을 잔 후 아침에 술이 깼다고 판단하여 06:40경 출근하기 위하여 운전하게 된 점, 혈중알콩농도 수치가 비교적 높지 아니한 점, 중학생인 딸을 비롯한 가족을 부양하고 있는 점은 피고인에게 유리한 양형요소이다.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, the conditions of various sentencing, such as the circumstances after the crime, shall be considered, and the punishment shall be determined as ordered.