beta
(영문) 울산지방법원 2020.12.02 2020고단4243

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Around 03:40 on August 28, 2020, the Defendant driven a DNA New Car with a blood alcohol concentration of about 0.204% under the influence of alcohol on the 3km section from a Do near Ulsan-gu Belher to the same Gu C apartment road.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, inquiry into the result of the drinking driving control, and the circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under the law] The sentencing guidelines is not set [the sentencing guidelines]. [Pronouncement] The sentence is determined as per the order, comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below KRW 7 million.

D. Unfavorable circumstances: The driving under the influence of alcohol is a dangerous criminal that may cause a fatal damage to the life and property of another person as well as the normal situation that is favorable to the driving under the influence of alcohol to the extent that the blood alcohol level exceeds 0.2%: the Defendant is against the Defendant, and the primary offender is the first offender.