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(영문) 울산지방법원 2021.02.05 2020고단4452
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

On November 4, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act by the Ulsan District Court.

On September 28, 2020, the Defendant driven the EM5 vehicle under the influence of alcohol content of 0.075% at a distance of about 300 meters from the girical shotbane parking lot in front of Yangsan City, to the front roads in the same city C from the girical shotum parking lot to the front roads in the same city.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of a reply to inquiry, such as criminal history, a report on investigation (verification of the same kind of force), and a summary order of summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances revealed in the pleadings of the instant case; and (b) the sentence is determined as ordered in light of the following circumstances.

D. Unfavorable circumstances: The defendant had been punished for driving under drinking in the past, but again he left the driving under the influence of drinking, and the crime's quality is not less severe in light of the social harm and danger of driving under the influence of drinking, and the possibility of criticism is high: The defendant's perception of his crime and reflects his wrongness, the distance of driving under the influence of drinking is not driving, and the degree of alcohol concentration in blood is not high as the level of license suspension, and the danger of general traffic, such as traffic accidents, has not occurred due to driving under the influence of drinking, and the driving under the influence of drinking is relatively relatively relatively from the crime of driving under the influence of drinking.

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