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(영문) 울산지방법원 2020.05.01 2019고단5178
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

[criminal power] On November 2, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 2, 2012.

【Criminal Facts】

On November 28, 2019, at around 22:11, the Defendant driven a F Poter under the influence of alcohol with approximately 10km alcohol concentration of about 0.060% from the section of about 10km from the street near C in Yangsan-si B to the front of E in the same city D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous records of judgment: Criminal records, etc., and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same type of force);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances favorable to the defendant

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

The circumstances are favorable to the defendant such as the fact that the risk of traffic accidents has not been realized due to these crimes, the fact that the defendant recognizes and reflects the crimes, and that there is no criminal record exceeding the fine due to the same kind of crimes.

The punishment as ordered shall be determined in full view of all the circumstances, such as the blood alcohol concentration at the time of the defendant, his age, character and conduct, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for the sentencing as shown in the pleading.

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