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(영문) 울산지방법원 2014.04.15 2014고단88

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 12, 2013, the Defendant was under the influence of alcohol with 0.134% of blood alcohol concentration around 19:15 on December 12, 2013, and without obtaining a vehicle driver’s license, driven B Mt Motor Vehicle at the section of approximately 200 meters from the front of the wall mountain apartment in Yangsan-si, Yangsan-si, and the front of the same secondary apartment in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant again committed the instant crime even though he/she had been punished by a fine on around 2003 and around 2012, on or around 2010, due to the violation of the Road Traffic Act (non-licensed driving), the violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving). In light of the fact that such crime power, drinking driving, and the risk of causing a non-licensed driving is very high, the crime’s quality is not somewhat weak.

However, considering the fact that the defendant's mistake is divided and that there is no past record of punishment exceeding the fine, and considering all kinds of sentencing conditions, such as the character, conduct and economic situation of the defendant, the defendant shall be selected and sentenced as a fine only once in the same manner.