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(영문) 울산지방법원 2020.05.15 2019고단5339
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6.5 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2008, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act at the Ulsan District Court on January 10, 2008

【Criminal Facts】

On December 14, 2019, at around 07:09, the Defendant driven D SP car under the influence of alcohol with approximately 2 km alcohol concentration of 0.086% on the road located in the south-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the front road of the half-gu, Jung-gu, Ulsan-gu, Seoul-do.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the host driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous records: The application of inquiry reports and investigation reports (Attachment to the same type of crime records) and statutes, such as criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

This crime does not realize the risk of traffic accident, the fact that the defendant recognizes and reflects the crime, and the fact that only a long fine has been punished once except the criminal records in the judgment is favorable to the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the blood alcohol concentration of the defendant at the time of the instant case, the defendant's age, character and conduct, environment, occupation, history and motive of the crime, etc. shall be determined as ordered by considering the whole circumstances.

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