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(영문) 울산지방법원 2020.11.20 2020고단3045
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

[criminal power] On May 2, 2007, the Defendant issued a summary order of KRW 1.5 million at the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on September 26, 2008, and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on November 29, 201.

【Criminal Facts】

At around 21:30 on July 16, 2020, the Defendant driven C Ecoo motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.081% from the front side of the Yangsan City, Yangsan City, 135 Yangsan City, from the front side of the 100-meter road to the front side of the same city B apartment.

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. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of three copies of the inquiry report, such as criminal records, investigation report, and summary order under the 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. 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances disadvantageous to the defendant: The defendant's records on the records of the crime record, which had been punished three times or more as drinking driving, but again came to the drinking driving, and the crime's nature is heavy in light of the social harm and danger of drinking driving, and the possibility of criticism is high: The defendant's mistake is against the defendant's depth while recognizing the crime.

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