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(영문) 울산지방법원 2020.12.16 2020고단4702
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On March 11, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

On October 15, 2020, at around 22:10, the Defendant driven an Eflor vehicle under the influence of alcohol concentration of about 700 meters from the front of the C cafeteria located in the Gunsan-si B to the side of the D apartment in the Gunsan-si.

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

Summary of Evidence

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

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment to a summary order of the same kind of power), application of one summary order under 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] [the sentence] [the sentence] [the rules of employment, age, family relationship, growth process, personality and behavior, living environment of the defendant, the circumstances and results of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be comprehensively considered.

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

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