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(영문) 울산지방법원 2020.02.21 2019고단3630
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 13, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 15, 2019, around 07:10 on September 15, 2019, the Defendant driven an E i30 vehicle while under the influence of alcohol with approximately 60km alcohol concentration of about 0.079% from the 60km section to the D cafeteria located in Ulsan-gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes by making inquiries about the results of crackdown on drinking driving, the circumstantial statement of a drinking driver (the previous record on the market), and making inquiries;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 has the history of having been punished once for the same crime. However, the punishment is determined as ordered in consideration of various sentencing factors such as the defendant's age, environment, blood alcohol concentration and driving distance, and conditions after the crime, etc., although the defendant has been punished once for the same crime, confession of the crime in this case and misunderstanding has been divided, there has been no record of punishment exceeding the fine. The defendant raises minor children, and there is no record of punishment.

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