beta
(영문) 울산지방법원 2014.04.15 2014고정357

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 14, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Ulsan District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on October 14, 201, respectively. < Amended by Act No. 10835, Oct. 14, 2011>

On July 3, 2013, at around 21:10, the Defendant driven a B 124 cc albb in the state of alcohol with approximately 20 meters alcohol concentration of 0.118%, without a motorcycle driver’s license, from the road for the United States of America, which was located in Ulsan-gu Yandong (U.S.) to the front road of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of a punishment;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;