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(영문) 울산지방법원 2020.05.29 2019고단5067
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

On March 15, 2015, the Defendant was notified of a summary order of a fine not exceeding three million won due to a violation of the Road Traffic Act by the Ulsan District Court.

On December 02, 2019, at around 06:50, the Defendant driven a motor vehicle under the influence of alcohol with approximately 8km alcohol concentration of 0.034% at the front of the Agricultural Technology Center located in Ulsan-gun B, Ulsan-gun, the Defendant driven a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of the crackdown on drinking driving, and report on 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, 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: (a) the Defendant was punished for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol; (b) in light of the social harm and danger of driving under the influence of alcohol; (c) the nature of the crime is not less and more severe; (d) the Defendant committed the crime within a relatively short period of time; and (e) the distance from driving under the influence of alcohol is considerable: The Defendant recognized his criminal act; (c) was exposed to the Defendant’s deepness; and (d) the Defendant was exposed to the police’s crackdown while working on the following day after drinking the previous drinking; and (e) the Defendant was found to have been exposed to the police’s crackdown while working after drinking under the influence of alcohol.

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