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(영문) 울산지방법원 2020.05.15 2019고단5362

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On March 18, 2015, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

On December 2, 2019, at around 21:49, the Defendant driven a DNA cruise car with approximately 200 meters alcohol level 0.067% under the influence of alcohol level from a section of approximately 200 meters prior to Ulsan-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports and application of a summary order under statutes;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

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

1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

The circumstances are favorable to the defendant, such as the short distance from the driving under the influence of alcohol, the occurrence of traffic accidents does not realize the risk of traffic accidents due to this case, the recognition of the criminal act and the depth of the criminal act, the fact that there is no specific penalty power except for the previous conviction in the judgment, and the blood alcohol concentration concentration is relatively high.

In addition, the punishment as ordered shall be determined by taking into account all the circumstances that form the conditions of sentencing as shown in the records and pleadings, such as the age, character and conduct, environment, motive and consequence of the crime.