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(영문) 울산지방법원 2014.03.17 2014고정190

도로교통법위반(무면허운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 17, 2010, the defendant issued a summary order of a fine of two million won by the Ulsan District Court to a violation of the Road Traffic Act, and the same year.

7. The same year with an issuance of a summary order of a fine of three million won by a Busan District Court for a violation of the Road Traffic Act or a violation of the Road Traffic Act, on April 22, 2011.

5.18. There are established established criminal records.

Nevertheless, at around 23:00 on January 20, 2014, the Defendant driven a B K7 car while under the influence of alcohol concentration of 0.083% without a vehicle driver’s license at the front of the tinnam kindergarten located in Ulsan-gun, Ulsan-gun, Chungcheongnam-do. The Defendant driven a B K7 car without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. An interview with the driver’s license:

1. Making a report on the control of drinking driving;

1. Application of statutes to inquiries about criminal records, etc.;

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

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a comprehensive consideration shall be given to the fact that the defendant is against the defendant, the distance of driving is shorter, the situation at the time of driving, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.