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(영문) 울산지방법원 2020.12.11 2020고단3742
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On October 29, 2014, the Defendant was issued a summary order of KRW 4 million by the Ulsan District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 22:00 on August 17, 2020, the Defendant driven Dcellto car while under the influence of alcohol content of 0.066% on the road of approximately 30 meters of blood alcohol content in Ulsan-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol 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 the drinking-driving driver;

1. Application of the Acts and subordinate statutes governing inquiries into criminal records, etc., investigation reports (Attachment to the summary order of the same kind of case), Ulsan District Court Act No. 2014 high-ranking 11321, supra;

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: The defendant had been punished for drunk driving in the past, but again ever started to do so, considering the social harm and danger of drunk driving, the crime's quality is not less severe, and the possibility of criticism is considerable: The defendant's perception of his crime and reflects his wrongness; the distance of drunk driving is short; the degree of alcohol level is short; the degree of license suspension level is not high; the danger of ordinary traffic, such as traffic accident, etc. is not actually occurred due to the drunk driving; the driving of drunk driving is the previous drinking driving.

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