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(영문) 울산지방법원 2020.09.23 2020고단3228

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

On February 26, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

On July 20, 2020, the Defendant driven a D low-speed car with a blood alcohol content of about 0.141% under the influence of alcohol at approximately 2km from the front of the C main office in Ulsan-gu, Ulsan-do to the coolingcheon-dong located in Ulsan-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the defendant's legal statement, the results of crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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: A dangerous criminal who may cause a fatal damage to the life and property of another person as well as his/her own, and the defendant has already been punished once a drunk driving, but he/she is more favorable to the driving of the instant case: The defendant is against whom he/she is driving, and there is no past record of suspension of execution or more.