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(영문) 울산지방법원 2020.01.14 2019고단3995

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

On June 16, 2017, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act from the Daegu District Court.

On September 14, 2019, at around 06:54, the Defendant driven an EM vehicle while under the influence of alcohol of about 0.046% of the blood alcohol concentration from around 6km to the same Gu’s roads via the same Gu’s C market.

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. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the facts charged are acknowledged; (b) the blood alcohol concentration is low; and (c) the driving time is favorable to the defendant.

On the other hand, it is disadvantageous to the defendant that he had a previous and one time of drinking driving.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.