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(영문) 울산지방법원 2021.03.19 2020고단5418
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6.5 million won.

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

Reasons

Punishment of the crime

On May 26, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act at the Busan District Court.

On December 16, 2020, the Defendant driven a F k7 car under the influence of alcohol concentration of about 0.067% from a distance of about 800 meters to the front of the road set up in D, which is located in Yangsan City B, around December 16, 2020.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55(1)6 of the Criminal Act (hereinafter “reasons for sentencing”), which are favorable to the Defendant, of the mitigated amount

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although there was a record of being punished for driving under drinking 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 drinking crime, and the Defendant’s blood blood concentration at the time, whose liability for the crime is unreasonable, is disadvantageous to the Defendant.

A short distance of driving under the instant drinking, the risk of traffic accidents has not been realized due to the instant crime, the Defendant recognized the crime and is in profoundly against the Defendant, and there is no criminal record exceeding the fine, and there is no special criminal record after the record of the crime, etc. are favorable to the Defendant.

In addition, the punishment shall be determined as ordered by taking into account the following circumstances, such as the motive and consequence of the crime, the circumstances after the crime, etc. and the conditions for the punishment as shown in the pleading.

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