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(영문) 울산지방법원 2020.08.28 2020고단1934
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On April 30, 2020, the Defendant driven a DMW car with approximately 20 meters section from the front day of Yangsan City to the front day of C at the same city from the same city, while under the influence of alcohol concentration of about 0.201%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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’s act of this case constitutes a drunk driving at a level that may pose a significant risk to the safety of general traffic, such as the occurrence of traffic accidents, and the possibility of criticism is significant. As such, there is a need to strictly punish: (a) the Defendant is aware of his criminal act; (b) the Defendant has committed a crime; (c) the distance of driving under the influence of alcohol is considerably short; and (d) the danger of general traffic, such as traffic accidents, is not actually occurred due to driving under the influence of alcohol; (d) the possibility of the occurrence of additional crimes is low by returning the vehicle to the lessee company that is the owner of the vehicle; (c) the Defendant has no penalty power to punish the Defendant in excess of the fine; (d) the Defendant has no criminal force for driving under the influence of alcohol in 202; and (e) the Defendant has no criminal force to punish the same kind of crime for about 18 years prior to the instant crime; and (e) there seems to be relatively significant social relationship between the Defendant and the Defendant.

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