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(영문) 울산지방법원 2020.05.20 2020고단186

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 15, 2007, the Defendant received a summary order of KRW 2 million from the Ulsan District Court due to a violation of the Road Traffic Act (driving).

On December 22, 2019, the Defendant driven a e-learning car under the influence of alcohol by 0.079% in the section of approximately 2 km from the south-gu B and C to the roads near the same Gu D apartment.

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. Hearing reports on the statement of the state of drinking drivers, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 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 sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is to be determined as ordered by taking into account all the circumstances shown in the records such as blood alcohol concentration and values, the distance of drinking alcohol, age, character and conduct, environment, motive, means and consequence of the crime, etc. at the time of the defendant's committing the crime, the defendant's history of drinking driving is one time a fine, and the defendant does not cause any additional damage, such as traffic accidents, etc. due to drinking driving in this case.