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(영문) 울산지방법원 2020.05.01 2020고단641
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6.5 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 5, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 12, 2020, at around 18:38, the Defendant driven a rocketing car with approximately 600m alcohol concentration of 0.064% under the influence of alcohol on the road front of the Ulsan-gu B hotel, Ulsan-gu B hotel, and up to the front road of the building in front of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written inquiry about the result of crackdown on drinking driving;

1. Statement in the circumstances of an employee;

1. A previous conviction in judgment: A written inquiry report and an investigation report (verification of whether Article 148-2 (1) of the Road Traffic Act applies) shall be applied;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

The fact that the distance from the driving under the influence of alcohol is short, the risk of traffic accidents has not been realized due to this case, the defendant recognizes and reflects the crime, and there is no criminal conviction exceeding the fine due to the same kind of crime, etc. are favorable to the defendant.

In addition, in full view of all the circumstances, such as the blood alcohol concentration of the defendant at the time of the instant case, the defendant's age, character and conduct, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments, the punishment shall be determined

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