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(영문) 울산지방법원 2020.05.08 2019고단4808
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

On October 14, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Daegu District Court as a crime of violating the Road Traffic Act.

On September 26, 2019, at around 21:28, the Defendant driven an E-high-speed vehicle while under the influence of alcohol content 0.143% from the parking lot of a directly operated C retail shop located in Ulsan-gu B to the same building parking lot of the same Gu.

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. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Inquiry reports, such as criminal records, and application of the same criminal record and summary order 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant again committed the crime of drunk driving even though he had the record of punishment for the previous drunk driving, in view of the social harm and danger of the drunk driving, the nature of the crime of the crime of the original drunk driving in light of the social harm and danger of the drunk driving, the crime of the crime of the original drunk driving is not somewhat weak, and the possibility of criticism is high, the distance of the original drunk driving is long, the alcohol concentration in blood is high, and the occurrence of the accident of confluence of the damaged vehicle in the course of the original drunk driving is disadvantageous to the defendant.

On the other hand, the defendant recognized his criminal act and divided his mistake in depth, and the defendant was forced to return home with contact with his wife who is her father from his wife during his ceremony, resulting in a sound drinking driving in the mind that he was forced to return home, and there are circumstances that can be taken into account in the circumstances of the crime, active cooperation in the investigation, and it is very important to ensure the safety of general traffic.

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