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(영문) 울산지방법원 2020.12.15 2020고단3547
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On February 10, 2012, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Ulsan District Court.

【Criminal Facts】

On July 26, 2020, the Defendant, at around 21:52, driven a car in C et al. with a blood alcohol concentration of about 0.085% under the influence of alcohol from the section of about 1km to the front road of Ulsan-gu, Ulsan-gu, Seoul-do, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, 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.

D. Unfavorable circumstances: The defendant had been punished several times due to drinking driving in the past, and again he/she went to a dry drinking driving in the light of the social harm and danger of drinking driving, and the possibility of criticism is not weak, and the distance of drinking driving is not short: The defendant's perception of his/her crime and reflects his/her mistake in depth, the degree of alcohol level is not high, and the danger of ordinary traffic, such as traffic accidents, is not actually occurred due to driving under the influence of alcohol, and the driving under the influence of alcohol is not more than five years from the time of the crime of driving under the influence of alcohol.

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