beta
(영문) 울산지방법원 2020.05.22 2019고단4708

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

[Criminal Power] On November 16, 2009, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

On November 3, 2019, at around 21:58, the Defendant driven a DCoC vehicle in the state of alcohol of about 3 km from the front road in Yangsan City B to the front road of the Namyang subway Station located in the same Si water-Eup domain 380, in the state of alcohol alcohol concentration of about 0.039%.

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. Inquiry reports on criminal records, etc., pre-dispositions, reporting on results of confirmation, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

D. Unfavorable circumstances: The defendant had been punished for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol, and considering the social harm and danger of driving under the influence of alcohol, the crime's nature is not weak, and the possibility of criticism is considerable, and the distance of driving under the influence of alcohol is not short: The defendant recognized his own crime and commits the crime, and the crime was committed more than 10 years after the lapse of 10 years from the time of the previous crime of driving under the influence of alcohol, and the degree of blood alcohol concentration is not high, and the crime of driving under the influence of alcohol was committed under the influence of alcohol.