beta
(영문) 울산지방법원 2018.08.28 2018고단1066

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

【Criminal Records of Crimes】 On October 27, 2016, the Defendant was sentenced by the Ulsan District Court to a suspended sentence of ten months for a crime of violation of road traffic law or violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and is currently under suspended sentence.

【Around April 5, 2018, the Defendant driven a C-learning car under the influence of alcohol with approximately 0.083% of alcohol content among blood 0.083% at the section of 200 meters from the snific snife, Nam-gu, Ulsan-gu, Ulsan-gu, Seoul-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the instant drinking was driven during the suspension period of the execution of imprisonment due to the crime of violating the Road Traffic Act, etc. on the grounds of the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, it is also considered that the blood alcohol concentration is not high and the distance of driving under the influence of alcohol is shorter than the distance of driving under the influence of alcohol. If the Defendant excluded the criminal record of the suspension of the execution of imprisonment under the above 1st sentence, there is no other criminal history, and the Defendant reflects the Defendant’s mistake.