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(영문) 울산지방법원 2020.10.23 2020고단3471
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 7.5 million won.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 5, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Ulsan District Court.

【Criminal Facts of Crimes】 On August 8, 2020, the Defendant driven the E-Appurt-pured vehicle from the front of the C cafeteria located in Yangsan-si B to the front of the D apartment in Yangsan-si, with approximately 1km alcohol level of about 0.121% under the influence of alcohol level.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, investigation reports, and the results of crackdown on drinking driving;

1. Previous records: The application of inquiry reports and investigation reports (Attachment to the same type of crime records) and statutes, such as criminal records;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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. Although there was a record of being punished for drunk driving prior to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant committed the crime of drinking alcohol in this case at the same time, and the Defendant’s blood alcohol concentration level at the time is considerable, and the Defendant’s liability for the crime has not been somewhat minor.

The circumstances are favorable to the defendant, such as the fact that the risk of traffic accidents has not been realized due to the crime of this case, the fact that the defendant recognizes the crime and is against the depth, and there is no record of punishment exceeding the fine.

In addition, the sentencing conditions specified in the records and arguments, such as the age, character and conduct, environment, occupation, motive and consequence of the crime, the circumstances after the crime, etc., shall be determined as ordered by considering the whole circumstances.

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