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(영문) 울산지방법원 2020.05.19 2019고단3632
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

On January 3, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Ulsan District Court for a violation of the Road Traffic Act.

around 02:04 on September 12, 2019, the Defendant driven C SP car while under the influence of alcohol concentration of about 15 meters at approximately 0.083%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry reports, such as criminal records, investigation reports, and application of statutes in one copy of judgment;

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.

3. Unfavorable circumstances: The defendant's act of driving under the influence of alcohol again committed the crime of driving under the influence of alcohol again even though he had the record of punishment twice due to the driving under the influence of alcohol, in light of the social harm and danger of the driving under the influence of alcohol, and the possibility of criticism is less severe, and the degree of alcohol concentration in blood is not low: The defendant's act of committing the crime is against the wrong, the distance of driving under the influence of alcohol is short, and the circumstances such as the circumstance and motive of driving under the influence of alcohol are somewhat contingent, and there are some circumstances to be taken into account, such as the fact that there was no criminal force on the part of the defendant, that there was no criminal force on the part of the defendant, and that the defendant's health status is not good.

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