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(영문) 울산지방법원 2020.01.17 2019고단3357
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 August 25, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and a summary order of KRW 2 million for the same crime at the same court on May 14, 2009, respectively.

【Criminal Facts】

On August 29, 2019, the Defendant driven a Dsch Rexton car from the road in Ulsan-gu B to the front road of the same restaurant, with a blood alcohol concentration of at least 0.073% under the influence of alcohol, from around 20 meters to around the same restaurant.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and copies of each summary order applicable;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is 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 driving of a motor vehicle under the influence of alcohol is not good in the quality of the crime, the defendant's blood alcohol concentration level at the time is not low, in light of the frequency and contents of the same criminal power, and the possibility of criticism is not small, etc., that is disadvantageous to the defendant.

The fact that the defendant is trying to commit his crime and is in profoundly against himself, the distance of drinking driving at the time is considerably short, there is no criminal record exceeding a fine, and there is no record of the same crime for more than 10 years after May 2009, and there is no record of the same crime.

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