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(영문) 울산지방법원 2020.05.15 2020고단187
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 October 23, 2018, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Ulsan District Court.

On December 27, 2019, at around 23:09, the Defendant driven D Lasta vehicle with blood alcohol content of about 2 km from the road near Ulsan-gu B to the ionteran intersection in Ulsan-gu, U.S., Ulsan-gu, to the lower part of the ionion intersection in Ulsan-gu.

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. Inquiries about the results of crackdown on drinking driving;

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

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is favorable to the defendant, is considered in light of circumstances 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 the person committed the crime of drunk driving in this case is disadvantageous to the defendant.

At the time, the defendant's blood alcohol concentration level is not high, the risk of traffic accident is not realized due to the crime of this case, the defendant recognizes and reflects the crime, and the fact that there is no specific power other than the previous record of the judgment, etc. are favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, such as the defendant's age, environment, occupation, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of the punishment as shown in the pleading.

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