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(영문) 울산지방법원 2020.05.29 2020고단625
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

【Criminal Power】 On April 28, 2010, the Defendant received a summary order of KRW 5 million from the Busan District Court due to a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On January 8, 2020, the Defendant driven a E-high-est car at a section of approximately 300 meters of blood alcohol concentration of about 0.163% from the front of the B market in Gyeyang-si to the front roads in Yangsan-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal history records, etc. and application of one copy of a 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Even though 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 Defendant committed the instant crime of drinking alcohol at the same time, the Defendant’s blood alcohol concentration at the time is high so that the liability for the crime is not easy, and the Defendant committed the crime during the period of suspended sentence for another type of crime is disadvantageous to the Defendant.

The short distance of driving under the influence of alcohol is short, the risk of traffic accident is not realized due to this case, the defendant recognizes the crime and reflects the depth of the crime, the defendant has no record of punishment for driving under the influence of alcohol, and the fact that the vehicle is scrapped and not driving under the influence of alcohol is being driven under the favorable condition for the defendant.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.

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