logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.01.17 2019고단3961
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

[Criminal Power] On August 14, 2012, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 8, 2019, at around 22:43, the Defendant driven an E-motor vehicle with approximately 100 meters alcohol concentration of approximately 0.075% from the front road of the “C” located in Ulsan Northern-gu B to the front road of the Diplomatic Association located in the same Gu.

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. 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, US records and results of confirmation, and the 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. Article 334(1) of the Criminal Procedure Act provides that a motor vehicle under the influence of alcohol and its quality is not good even though the person had been punished for a drunk driving prior to the reason for sentencing. The fact that the defendant's blood alcohol concentration level was not low at the time and the responsibility for the crime is not less severe, and that the possibility of criticism is not small in light of the frequency, time, contents, etc. of the same criminal power, etc., which are disadvantageous to the defendant, or that the defendant recognizes the crime and is against depth. The distance of driving under the influence of alcohol at the time is relatively short, and the risk of traffic accident is not realized due to the crime, there is no criminal conviction exceeding the fine, and there is no criminal conviction exceeding the fine, and support the wife and his/her children for more than seven years after August 2012.

arrow