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(영문) 울산지방법원 2020.02.13 2019고단4050
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 March 15, 2010, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On September 30, 2019, at around 14:15, the Defendant driven a CNA-type car in the state of alcohol alcohol concentration of about 0.141% at the 3km section from the front of the building B in Ulsan-gu to the front of the maritime police station located in the same Gu-dong.

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 statement of the situation 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) 3 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is to recognize the facts charged, the fact that the criminal record before drinking is a crime for more than 10 years, and that there is no criminal record exceeding a fine, which 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.

Other factors of sentencing, such as the defendant's age, environment, motive of crime, etc., shall be determined as per the disposition.

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