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(영문) 울산지방법원 2020.04.23 2019고단5403

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On June 7, 2012, the Defendant was issued a summary order of KRW 6 million by the Ulsan District Court due to a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on February 17, 2014, respectively.

On December 11, 2019, at around 10:03, the Defendant driven a two-wheeled vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.047% from the front of Ulsan-gun B to the front of D, located in C, at approximately 100 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry report on the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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 for a crime;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act requires a punishment corresponding to the criminal liability for a crime that may cause serious damage to the life, body, or property of another person. The defendant has been punished three times due to a drunk driving, etc., which is disadvantageous to the defendant, or the defendant confessions, and the crime of this case is committed under circumstances that are favorable to the defendant, such as the fact that the defendant's confessions, and that there are circumstances that can be taken into account due to the night driving in the state where the state of drinking was not resolved

In addition, the punishment shall be determined as ordered in comprehensive consideration of the age, character and conduct, environment, motive and background of the crime, circumstances after the crime, etc., and the sentencing conditions shown in the records and pleadings of the case.