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(영문) 울산지방법원 2020.08.28 2020고단1499 (1)
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On December 9, 2015, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On April 5, 2020, at around 23:20, the Defendant driven a e-cub vehicle under the influence of alcohol concentration of about 0.050% from the road front of the C funeral hall located in Yangsan-si B to the front road of the D apartment in Yangsan-si.

Accordingly, the defendant violated the prohibition of drinking driving more 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 a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report (report on confirmation of the same kind of power), and summary order;

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 had the record of punishment for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol again; the crime is not less severe in light of the social harm and danger of driving under the influence of alcohol; the possibility of criticism is considerable: The defendant's perception of his crime and reflects the wrong; the defendant's degree of alcohol level is high; the danger of general traffic, such as traffic accidents, etc. due to the driving under the influence of alcohol does not actually occur; the defendant disposed of the vehicle used for the driving under the influence of alcohol; the defendant has no penalty power exceeding the fine.

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