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(영문) 울산지방법원 2020.11.20 2020고단3373
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On August 23, 2010, the Defendant received a summary order of KRW 700,00 from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

At around 00:20 on July 12, 2020, the Defendant driven a F string car at the 10km section from the 10km section to the front road located in P, racing-si, on the front road located in P, while under the influence of alcohol of 0.046% of blood alcohol concentration.

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. Report on the results of the crackdown on drinking driving, report on the situation of drinking drivers, and investigation report;

1. Application of Acts and subordinate statutes of one copy of the inquiry report on criminal records, etc., investigation report, and 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 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the circumstances shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, along with the sentencing circumstances of the Defendant.

The circumstances that are disadvantageous: the defendant had the past history of being punished for drunk driving, but again went to a dry drinking driving, and considering the social harm and danger of drunk driving, the crime's quality is not less severe, the possibility of criticism is considerable, the distance of drunk driving is long: The defendant's perception of his crime, the defendant's mistake is not high, the degree of alcohol level is not high, and the danger of ordinary traffic, such as traffic accidents, has not actually occurred due to a dry drinking driving, and the driving under the influence of alcohol takes place ten years after the lapse of the ten-year period from the time of the crime of the previous drunk driving.

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