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(영문) 울산지방법원 2021.02.09 2020고단4096
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 September 22, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act at the Busan District Court.

Nevertheless, on July 27, 2020, the Defendant driven a D Car Quantities under the influence of alcohol with approximately 2.5 km of about 0.05m alcohol concentration 0.052% in blood, from around 23:0 on July 27, 2020 to the roads in front of C in front of the city as seen earlier.

Accordingly, the defendant was driving a drinking not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions in judgment: Application of a written reply to inquiries, such as criminal history, (A) and statutes attached to summary orders;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, despite the fact that the defendant had been punished for the same kind of crime in the past, committed again the crime of drinking in this case. Meanwhile, the defendant recognized the crime, and there is a interval of time between the previous conviction and the instant case for not less than 10 years, and the degree of alcohol concentration in blood is not higher than 0.052%, and the motive and circumstance of the crime, method and consequence of the crime, the circumstances after the crime, the defendant's age, environment, and criminal records, etc. are considered, and the punishment is determined as ordered.

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