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(영문) 울산지방법원 2018.02.20 2018고정81

도로교통법위반(음주운전)등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is driving with a 149C Shobane without a number plate.

1. On February 5, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act, and on August 16, 2016, a summary order of KRW 3 million as a fine of KRW 1,50,000 for the same crime from the Daegu District Court and the racing support.

Nevertheless, on August 22, 2017, the Defendant, without a driver's license of a motor vehicle at around 13:00, operated the above-wheeled diabane in the section of about 1 km from two documents in Ulsan-gun, Ulsan-gun to about 0.227% of alcohol level in the blood alcohol level without a driver's license.

2. All drivers are prohibited from operating any motor vehicle that is not covered by mandatory insurance, but the Defendant, at the date, time, and place specified in paragraph 1, operated the above-wheeled Ba with no mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking

1. Registers of inquiry into the association of the main office and driver's licenses;

1. On-site photographs, investigative reports (in the event of an investigation of a suspected vehicle), photographs of the vehicle under consideration, and screen pictures after capturing the Internet;

1. Previous conviction in judgment: Notification of the result of crackdown on driving under drinking (2007, 2016), application of a reply letter to inquiry, such as criminal history, etc.;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and the selection of fines, respectively, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Criminal Procedure Act of the Provisional Payment Order.