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(영문) 울산지방법원 2020.10.07 2020고단3163

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 23, 2007, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

On July 21, 2020, the Defendant, from the front of the department store C in Ulsan-gu B, Ulsan-gu to the front road of the same Gu D market, was in violation of the provision on prohibition of drinking driving by driving a motor vehicle with a blood alcohol concentration of about 0.063% under the influence of alcohol at least twice in a section of about 200 meters from the front of the department store C to the front road of the same D market.

Summary of Evidence

1. Court statement, statement made by the defendant, inquiry into the result of the drinking driving control, and statement on the state of drinking drivers;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (verification of criminal records of a suspect's drinking driving), and application of 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. 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 by 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, the circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below 6 million won.

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 himself/herself, the history of the drunk driving is more than 13 years, and there is no history of the suspension of execution or more.