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(영문) 울산지방법원 2020.10.21 2020고단3047

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 17, 2020, at around 03:02, the Defendant driven a HG4 U.S. car under the influence of alcohol leveling to approximately 1.8km from the section of about 0.234% of alcohol level to the roads near the G care hospital located in the Dong-gu, Ulsan-si, the Dong-gu, the Dong-gu, Ulsan-si, the E-S., through the E-S., the Dong-gu, Ulsan-si, the E-S., and the G4 U.S. car.

Summary of Evidence

1. Application of Acts and subordinate statutes to a copy of the defendant's statutory statement, written statement of the circumstances of the drinking driver, notification result;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 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, 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, circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below KRW 7 million.

Unfavorable circumstances: The fact that drinking driving is 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 fact that blood alcohol concentration exceeds 0.2%: the first crime.