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(영문) 울산지방법원 2020.05.28 2020고단97

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 3, 2008, the Defendant received a summary order of KRW 1.5 million from the Ulsan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a fine of KRW 1 million for a violation of the Road Traffic Act from the Ulsan District Court on April 26, 2018.

On December 3, 2019, at around 14:22, the Defendant driven a f highest-est car within about 30 kilometers from the funeral hall parking lot in Ulsan-gun B to the front road in Nam-gu D of the same city, while under the influence of alcohol of 0.058% of blood alcohol level.

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. The police statement concerning G;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Report on the circumstantial statement of the person under the influence of the driver under the influence of the driver under the influence of the driver under the influence of alcohol;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: A inquiry report on criminal records, etc., report on the results of confirmation before disposition, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 has the record of having been punished twice for the same crime. One of the reasons is the fact that the defendant was punished twice for the same crime, and the distance of drunk driving is 30 km, while the defendant recognizes and reflects the crime, the fact that the defendant disposes of the vehicle in this case and does not repeat again, the blood alcohol concentration level, the motive and background of the crime, the method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, criminal record relation, etc., shall be determined as ordered by the order.