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(영문) 울산지방법원 2020.04.17 2020고단480

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On January 28, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Ulsan District Court.

【Criminal Facts】

On February 1, 2020, at around 13:59, the Defendant moved to drive a car in the state of alcohol with approximately 500 meters alcohol concentration 0.091% under the influence of alcohol in the section of approximately 500 meters from the mutual influence in the northwest-si, Yangsan-si to the roads in front of C in Yangsan-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

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

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

1. Previous records: Application of criminal records, etc. inquiry reports and summary order-related Acts and subordinate 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. The fact that the Defendant committed the instant crime of drunk driving in spite of the fact that he/she had been punished twice due to drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act, is disadvantageous to the Defendant.

The short distance of this drinking driving, the fact that the defendant recognizes and reflects a crime, and there is no record of punishment exceeding the fine due to the same crime, etc. are favorable to the defendant.

In addition, in full view of all the circumstances, such as the blood alcohol concentration of the defendant at the time of the instant case, the age, character and conduct, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., the punishment shall be determined as per the order.