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(영문) 울산지방법원 2020.09.25 2020고단2397
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 6, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act.

At around 20:50 on May 17, 2020, the Defendant driven a DNA rocketing car with approximately 2 km alcohol concentration of about 0.065% from the 2km section to the front road of Ulsan-gun B, Ulsan-gun.

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. 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, 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, and considering the social harm and danger of driving under the influence of alcohol, the nature of the crime is not weak, the possibility of criticism is considerable, and the distance of driving under the influence of alcohol is not short: The defendant's crime is recognized, and the degree of blood alcohol level is high, and the degree of blood alcohol level is not high, and the danger of ordinary traffic, such as traffic accident, has not actually occurred due to the driving under the influence of alcohol; the defendant disposes of the vehicle used for the driving under the influence of alcohol; the crime of this case is conducted under the influence of alcohol.

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