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(영문) 울산지방법원 2019.05.07 2019고단447

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

[criminal power] On December 30, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 4 million by the same court on May 18, 2016, respectively.

【Criminal Facts】

On February 2, 2019, at around 03:30, the Defendant driven D low-income cars under the influence of alcohol leveling 0.057% from the 5km section in the middle-gu, Ulsan-gu, Ulsan-gun, U.S. to the front road in front of the intersection of the Hansan-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements, investigation report, and detection report of violation of the Road Traffic Act;

1. Inquiry into the result of the crackdown on drinking driving;

1. Photographs;

1. Previous records: Criminal records, investigation reports (Attachment of the same type of judgment), and copies of each summary order under statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The fact that a motor vehicle under the influence of alcohol is under the influence of alcohol twice due to the reason for sentencing in Article 334(1) of the Criminal Procedure Act, despite the fact that there is no record of punishment for the sentencing of Article 334(1) of the Provisional Payment Order, and the quality of the crime is not good, and the distance of the driving of the motor vehicle is not shorter than the distance, and in light of the circumstances discovered while driving the motor vehicle while under the influence of alcohol on the road, the liability for the crime is not easy, etc., that is unfavorable to the defendant, or that the defendant recognizes the crime and reflects its depth, that the blood alcohol concentration concentration is low at the time, again, that the motor vehicle will not be driven under the influence of alcohol, and that the vehicle is disposed of again, and there is no criminal record exceeding the fine, and that there is no same criminal record corresponding to three years after the driving of the motor vehicle under the influence of alcohol, and that the wife and children are supported.