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(영문) 울산지방법원 2020.05.15 2020고단717
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 24, 2008, the defendant is a person who has received a summary order of a fine of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act.

On January 17, 2020, at around 23:15, the Defendant driven a D low-speed car with approximately 1.5 km away from the front of the restaurant, “C” located in Ulsan-gu B, Ulsan-gu, to the entrance of the North west-gu, Ulsan-gu, the North west-gu, Ulsan-do, the lower alcohol level of which is 0.129% under the influence of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Inquiry reports on criminal records, etc., pre-dispositions, results of confirmation, and application of Acts and subordinate statutes regarding summary orders;

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.

D. Unfavorable circumstances: the Defendant committed the instant crime in 2002, 2005, and 2008, even though he had the record of punishment for driving under the influence of alcohol in 2008, and again, committed the instant crime in light of the social harm and danger of driving under the influence of alcohol; the possibility of criticism is considerable; the distance of driving under the influence of alcohol is not short; and the degree of alcohol concentration in blood is high: The Defendant recognized the Defendant’s crime, and reflects the depth of the Defendant’s mistake. At the time, the Defendant attempted to call for a proxy engineer, but failed, caused the Defendant to commit the instant crime; there are some circumstances to take into account the background and motive of the crime; and the risk of ordinary traffic, such as traffic accidents, etc. due to a dry driving under the influence of alcohol.

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