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(영문) 울산지방법원 2020.12.04 2020고단3891
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

At the Daegu District Court on September 9, 2009, the defendant has been notified of a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act.

피고인은 2020. 8. 31. 23:14경 울산 중구 B에 있는 C은행 부근에서부터 같은 구 D에 있는 E대리점 앞 도로에 이르기까지 약 5km 구간에서 혈중알콜농도 0.067%의 술에 취한 상태로 F 넥쏘 수소전기차를 운전하였다.

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 circumstantial statement of a drinking driver;

1. Inquiry reports, such as criminal records, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes of one summary order;

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 driving under the influence of alcohol in the past, and again went to driving under the influence of alcohol again, considering the social harm and danger of driving under the influence of alcohol, the crime's quality is not less severe, the possibility of criticism is considerable, and the distance of driving under the influence of alcohol is not short: The defendant's perception of his crime, the defendant's mistake is in depth, the degree of alcohol level is not very high, and the danger of ordinary traffic, such as traffic accidents, etc. is not actually occurred due to the driving under the influence of alcohol, and the driving under the influence of alcohol is not less than 10 years from the time of the crime under the influence of alcohol.

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