beta
(영문) 울산지방법원 2020.11.18 2020고정661

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 24, 2020, at around 04:25, the Defendant driven the 500-meter section in front of the C in Yangsan City, with approximately 00 meters alcohol concentration of 0.224%, while under the influence of alcohol at the front of D in front of the D at the same time, the Defendant driven the 125c beam, wherein he was under the influence of alcohol concentration of 0.224%.

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's legal statement, inquiry into the result of the drinking driving control, the circumstantial statement of the drinking driver, the request for blood appraisal, the request for appraisal, and written appraisal;

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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The amount of fines imposed by the summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act cannot be deemed excessive to have been determined by comprehensively taking into account all the conditions of sentencing, such as the degree of blood alcohol and the occurrence of traffic accidents, motive for the instant crime, circumstances before and after the instant crime, the criminal records of the Defendant, and the balance of sentencing with similar cases. Since there is no change of circumstances that may be considered in sentencing after notification of the summary order, the amount of fines determined by the summary order shall be maintained as they are, and