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(영문) 울산지방법원 2020.01.31 2019고단3809
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 24, 2019, at around 23:37, the Defendant driven a C-Adi vehicle while under the influence of alcohol with approximately 2 km alcohol concentration of about 0.061% from the 2km section to the road near the Southern-gu B department store in the same month-dong.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of a copy of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

1. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (hereinafter referred to as “reasons for discretionary mitigation”), which is 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 punishment for driving under the influence of alcohol prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the fact that driving of a motor vehicle under the influence of alcohol is not good in the quality of the crime, in light of the frequency, time, contents, etc. of the same criminal power, and the possibility of criticism is not easy, and the defendant appears to be disadvantageous to the defendant, or the defendant's attitude to recognize and reflect the crime, the blood alcohol concentration concentration level at the time of the crime is not high, and the risk of traffic accident is not realized due to this case, and there is no criminal record exceeding the fine, etc. are favorable to the defendant.

The age, character and conduct, environment, family relationship, occupation, motive and background of the crime, circumstances after the crime, etc.

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