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(영문) 울산지방법원 2021.03.12 2020고단5378
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 November 10, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 10, 2008.

On December 8, 2020, the Defendant started from the Nam-gu B market in Ulsan-gu, Ulsan-gu, Seoul-do, and driven Efachising car under the influence of alcohol concentration of about 0.095% in a section of about 500 meters in front of D Park in C even before D Park.

Accordingly, the Defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the crackdown on the driving of drinking alcohol, a statement report on the situation of the driver of drinking alcohol, and an investigation report;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); 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 concentration at the time, whose liability for the crime is unreasonable, is disadvantageous to the Defendant.

A short distance of driving under the instant drinking, the risk of traffic accidents is not realized due to the instant crime, the Defendant recognized a criminal act and reflects depth, the Defendant did not have any criminal record exceeding the fine, and there are some circumstances to be taken into account in the course of driving under the influence of drinking, etc., which are favorable to the Defendant.

In addition, the punishment shall be determined as ordered by taking into account the following circumstances, such as the motive and consequence of the crime, the circumstances after the crime, etc. and the conditions for the punishment as shown in the pleading.

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