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(영문) 울산지방법원 2020.08.21 2020고단1348
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 13, 2015, the defendant is a person who has received a summary order of a fine of KRW 1.5 million from the Suwon District Court for a violation of the Road Traffic Act.

On March 24, 2020, at around 02:12, the Defendant driven a Cknife vehicle under the influence of alcohol concentration of approximately 0.087% from the 3km section from the Glsan-dong, Ulsan-gu, Ulsan-do to the front side of the entrance of the underground parking lot of the apartment of B, the Defendant driven a Cknife vehicle under the influence of alcohol concentration of about 3km.

After all, 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. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (report on confirmation of the same kind of force);

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 the record of punishment for driving under the influence of alcohol, but again committed the crime of driving under the influence of alcohol again; the crime's character is heavy in light of the social harm and danger of driving under the influence of alcohol; the possibility of criticism is considerable; the distance of driving under the influence of alcohol is not short; the degree of alcohol concentration in blood is not low; the defendant is aware of his criminal act; the occurrence of danger of ordinary traffic, such as traffic accident, etc. does not occur due to the driving under the influence of alcohol; the defendant has no penal power other than the fine sentenced for driving under the influence of alcohol.

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