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(영문) 울산지방법원 2019.10.24 2019고단2875
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 8, 2011, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Busan District Court.

On July 24, 2019, at around 00:48, the Defendant driven a car under the influence of alcohol 0.117% in the section of approximately 2 km from the front day of the mutual influence store in Yangsan-si, Yangsan-si to the front day of the same city B until the same city B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the status of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection 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. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized, and the fact that there is no criminal record exceeding the fine is favorable to the defendant.

On the other hand, the fact that blood alcohol concentration is high and that one time before drinking driving is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.

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