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(영문) 울산지방법원 2021.03.12 2020고단5226
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Power of crime] On April 22, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act by the Ulsan District Court on April 22, 2008.

[Criminal facts] On November 19, 2020, the Defendant driven a D low-priced car under the influence of alcohol leveling 0.09% from approximately 500 meters to the roads near the Nam-gu B hotel around Ulsan-gu, Ulsan-gu, and under the influence of alcohol leveling from approximately 500 meters to C market.

Accordingly, the defendant, who committed a violation of the Road Traffic Act (drinking driving), was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement of the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (to bound records before drinking and a summary order);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), and the selection of fines for criminal facts

1. Articles 53 and 55(1)6 of the Criminal Act (hereinafter “reasons for sentencing”), which are favorable to the Defendant, of the mitigated amount

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although there was a record of being punished for driving under drinking prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant committed the instant drinking crime, and the Defendant’s blood blood content at the time that the amount of alcohol content is considerable and thus the liability for the crime is not less light, etc. are disadvantageous to the Defendant.

A short distance from drinking driving of the instant case, the risk of traffic accidents is not realized due to the instant crime, the Defendant recognizes the crime and reflects the depth of the crime, and the fact that there is no special criminal record other than the record of the crime, etc. are favorable to the Defendant.

In addition, the age, sex, environment, occupation, motive and consequence of the crime of the defendant.

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