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(영문) 울산지방법원 2020.12.11 2020고단4287
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 December 10, 2008, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on December 10, 208.

Nevertheless, at around 22:15 on October 2, 2020, the Defendant driven a efranchis vehicle while under the influence of alcohol leveling 0.086% from approximately 3km to the D parking lot located in Ulsan-gun, Ulsan-gun, Ulsan-gun, to the front road of the D parking lot located in Ulsan-gun, Ulsan-gun, the Defendant driven a efrans vehicle under the influence of alcohol leveling to 0.086%.

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

1. Application of Acts and subordinate statutes of one copy of the inquiry report, such as criminal records, investigation report, and summary order;

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.

Unfavorable circumstances: The defendant had been punished for a drunk driving in the past but again went to a dry driving, and considering the social harm and danger of a drunk driving in light of the social harm and danger of a drunk driving, the crime's quality is not less and less severe, the defendant's escape without complying with the police's drinking control, and the possibility of criticism is high in light of the fact that a dry driving is discovered: The defendant's act is recognized, and the blood alcohol concentration is not a high level, and it is also a traffic accident, such as a traffic accident.

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