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(영문) 울산지방법원 2020.07.31 2020고단1619
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

On June 1, 201, the Defendant was issued a summary order of KRW 1 million by the Ulsan District Court due to a violation of the Road Traffic Act.

On April 2, 2020, at around 22:33, the Defendant driven a FM5 vehicle while under the influence of alcohol of about 0.116% of alcohol concentration at approximately 400 meters from the road front of the restaurant located in Ulsan-gu B, Ulsan-gu to the e-type E-mail in the same Gu and the front road.

Accordingly, the defendant violated the prohibition of drinking driving more 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 of one copy of the inquiry report, such as criminal records, investigation report, and 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 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 is heavy in light of the social harm and danger of driving under the influence of alcohol; the possibility of criticism is considerable; the degree of high level of alcohol concentration in blood is subject to the revocation of license; the defendant's crime is recognized; the defendant's mistake is against the depth; the distance of driving under the influence of alcohol is not long; the danger of ordinary traffic, such as traffic accidents, has not occurred due to the driving under the influence of alcohol; and the crime of this case has passed after a long period of not less than five years from the time of the crime of driving under the influence of alcohol.

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