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(영문) 울산지방법원 2020.12.04 2020고단3430
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 22, 2020, at around 23:40, the Defendant driven a c restaurant parking lot located in Ulsan-gun B, Ulsan-gun, with approximately 100 meters of blood alcohol concentration of about 0.202% from the 100-meter section to the front road located in Ulsan-gun, Ulsan-gun.

Summary of Evidence

1. A written statement of the defendant in court;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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.

3. Unfavorable circumstances: The crime of this case constitutes a drunk driving at a level that may pose a significant risk to the safety of general traffic, such as the occurrence of traffic accidents, by driving under a high alcohol level with a high alcohol level; thus, the nature of the crime is heavy, and the possibility of criticism is reasonable. As such, there is a need to strictly punish: the defendant's act of crime; the defendant's act of crime is recognized; the distance of the driving under the influence of alcohol is short; the danger of general traffic, such as traffic accidents, etc. is not actually occurred due to the driving under the influence of alcohol; although the defendant was punished for the same crime in the past, the defendant has the history of punishment for the same crime in the past, but all of them are punished for the same crime before 206 (in counting the frequency of drinking driving at least twice under the aggravated punishment); there is no penalty power exceeding the fine; and the defendant's health status is not good.

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