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(영문) 울산지방법원 2020.07.31 2020고단907
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

On November 22, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

On February 18, 2020, at around 21:30, the Defendant driven a d-wing 3 truck under the influence of alcohol leveling 0.037% of alcohol level at approximately 800 meters from the front side of Ulsan-gun, Ulsan-gun, to the front side of Ulsan-gun, Ulsan-gun.

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, and application of Acts and subordinate statutes governing summary orders;

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; in light of the social harm and danger of driving under the influence of alcohol, the nature of the crime is unlimited; the possibility of criticism is significant; the defendant recognizes his own crime and reflects the wrong; the distance of driving under the influence of alcohol is not long and the degree of alcohol concentration is not high; the dangerous situation of ordinary traffic, such as traffic accidents, etc. due to the driving under the influence of alcohol does not occur; the crime was committed after a long period of not less than five years; and the family members to support the defendant.

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