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(영문) 울산지방법원 2020.12.02 2020고단3166
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 March 5, 2007, the Defendant received a summary order of KRW 500,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

On June 18, 2020, at around 21:10, the Defendant driven a DK7 vehicle under the influence of alcohol with approximately 3.75 km alcohol concentration of about 0.135% from the C cafeteria parking lot located in Ulsan-gu B to the Taedo-dong in the same new-dong.

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

Summary of Evidence

1. The defendant's report on his/her statutory statement, the result of blood collection, the report on the circumstantial statement of his/her driver, and the written appraisal of his/her blood alcohol from the Busan Scientific Investigation Institute;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (reports attached to summary orders);

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: The defendant is a dangerous offender who may cause a fatal damage to the life and property of another person as well as his/her own; the defendant has already been punished once a drunk driving, even though he/she had a record of punishment, and the blood alcohol concentration is high to the extent of the revocation of the license.

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