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(영문) 울산지방법원 2017.11.17 2017고단3625

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

Criminal facts

On September 27, 2017, the Defendant driven, without the driver’s license, approximately 5 km distance from the commercial influent way in front of a restaurant in Ulsan-dong, Ulsan-gu to the string distance of trees located in the same Gu, on September 27, 2017, at around 03:25, the Defendant driven the Defendant’s father’s father C rocketing car owned by his father.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the occurrence of traffic accidents, actual survey records, related photographs, ledger of driver's licenses, reports on detection of drivers of primary drivers, and reports on statements made by drivers of primary drivers;

1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of an alternative fine for punishment;

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

1. It shall be taken into account the fact that the amount of alcohol concentration is high among the bloods with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and the distance of driving without obtaining a license for drinking or without a license is longer, the previous crime of violation of Road Traffic Act and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) prior to the instant case.