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(영문) 울산지방법원 2020.11.04 2020고단3027
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 7, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violating the Road Traffic Act.

On July 12, 2020, the Defendant driven a E-Poter vehicle in the state of alcohol of about 1k alcohol concentration of about 0.090% from the 1km section, from the road in front of the Ulsan-gu B market, Ulsan-gu B market, to the roads front of the Diplomatic Association located in Ulsan-gu C.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement on the result of the defendant's legal statement, statement on drinking driving control, and circumstantial statement of the drinking driver;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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 [the scope of applicable sentences under the law] The sentencing guidelines is not set [the sentencing guidelines]. [Pronouncement] The sentence is determined as per the order, comprehensively taking into account all of the sentencing conditions shown in the records and arguments of this case, including the defendant's age, family relation, growth process, character and behavior, living environment, the background and result of the crime of this case, circumstances after the crime, etc., together with the sentencing guidelines for the defendant as set forth below KRW 7 million.

D. Unfavorable circumstances: A dangerous criminal who may cause a fatal damage to the life and property of others as well as his/her own, and the defendant has already been punished twice due to a drunk driving, but he/she is more favorable to the driving of the instant case: The defendant is against himself/herself, and there is no past record of suspended execution or more.

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