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(영문) 울산지방법원 2020.09.18 2020고단1696
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 29, 2006, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on September 29, 2006, and a summary order of KRW 3 million for the same crime at the same court on February 5, 2008, respectively.

On April 4, 2020, at around 22:13, the Defendant driven a DNA cargo vehicle under the influence of alcohol by 0.101% of blood alcohol concentration from the front of a cafeteria to the front of the C located in Ulsan Northern-gu, Ulsan-gu., the Defendant driven a DNA cargo vehicle under the influence of alcohol by 0.101%.

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. (Criminal Experience) Inquiry reports, reports on the results of confirmation before each disposition, and the application of each summary order Acts and subordinate statutes;

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: although the defendant had been punished two times or more as stated in the criminal records of the judgment, he again committed the crime of driving under the influence of alcohol, and in light of the social harm and danger of drinking driving, the nature of the crime is heavy, the possibility of criticism is considerable, the distance of driving under the influence of alcohol is not short, and the degree of blood alcohol concentration is high as the reason for revocation of license: The defendant recognized his criminal act, and reflects the mistake in depth, and the danger of general traffic, such as traffic accidents, has not occurred.

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