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(영문) 울산지방법원 2020.05.22 2019고단4442
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who received a summary order of KRW 2 million from the Changwon District Court through the Changwon District Court on June 13, 2014 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 1, 2019, at around 21:49, the Defendant driven a E Car with blood alcohol level of about 500 meters from the 500-meter section, which was under the influence of alcohol level of about 0.036%, to the D Association neighboring roads in Ulsan-gun B market.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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 one copy of an 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 was punished for drunk driving in 2004 and 2014; the Defendant again committed the instant crime during the attachment period according to the decision to attach an electronic device attachment order, and the nature of the crime is not less light and considerable possibility of criticism in light of the social harm and danger of drunk driving, etc.; the Defendant’s mistake is against himself; the distance of drunk driving is not long; the degree of blood alcohol concentration is not high; the instant crime occurs within a relatively short period from the time of the crime under the influence of alcohol.

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