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(영문) 울산지방법원 2020.06.23 2020고단189

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 October 24, 2007, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on April 26, 2010, issued a summary order of KRW 1.5 million for the same crime at the same court.

On December 22, 2019, at around 08:20, the Defendant started on the road near the Dongpyeong-dong of Ulsan-gu, Ulsan-gu, Seoul-do, and driven B car under the influence of alcohol with a blood alcohol concentration of 0.040% at the section of about 1km-dong to the same night-dong road.

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 results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;

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 of the provisional payment order is that the driving of drinking alcohol may cause serious damage to another person's life, body, and property; the defendant has been punished twice due to drinking driving; the defendant recognized and reflects the crime; the defendant's last driving at intervals of about 10 years between the defendant's crime of drinking alcohol and the crime in this case; the defendant's blood alcohol concentration at intervals of about 0.040% is relatively high; and the crime in this case is committed in this case under circumstances in which the aforementioned state of drinking was not resolved without the previous state of drinking; the motive and background of the crime; the method and consequence of the crime; the circumstances after the crime was committed; the defendant's age, environment, and criminal record relation; and the sentencing conditions as ordered by the order shall be determined in consideration of all the following factors.