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(영문) 울산지방법원 2021.02.03 2020고단4780
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

피고인은 2020. 10. 26. 21:36 경 울산 남구 신정동 공업탑 로타리 부근에서부터 같은 구 B 아파트 입구까지 약 2km 구간의 도로를 혈 중 알코올 농도 0.130% 의 술에 취한 상태로 C 팰 리 세 이드 승용차를 운전하였다.

As a result, the Defendant violated the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to the previous and summary order);

1. Relevant Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense and the selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment are extremely poor in the circumstances after the crime, such as where the defendant escaped to avoid the crackdown on drinking, causing physical damage, etc., shall be taken into account under the circumstances unfavorable to the defendant, that the defendant led to the confession and repent of the crime in this case, and that the defendant has the record of driving alcohol once (the fine in 2012) more favorable to the defendant, etc., on the condition that the defendant was favorable to the defendant, the punishment shall be determined as ordered by taking into account all the circumstances shown in the records, such as the degree of alcohol concentration during blood at the time of the defendant, alcohol level, distance, age, sex behavior, motive, means and consequence of the crime,

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