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(영문) 울산지방법원 2018.11.14 2018고단2560

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

[criminal history] On October 15, 2015, the Defendant was sentenced to one year of imprisonment for a violation of road traffic laws at the Ulsan District Court, and on April 14, 2016, the Defendant was sentenced to a fine of 6 million won at the same court for the same crime, etc., and had a total of 12 times drinking driving records. The Defendant was sentenced to four months of imprisonment for a violation of road traffic laws (unlicensed driving) in the same court on November 7, 2017 and completed the execution of the said sentence in the Ulsan District Court on March 6, 2018.

[2] On June 13, 2018, the Defendant driven a fwing freight vehicle with a 0.120% alcohol concentration in blood without a vehicle driver’s license in the section of approximately 1km in front of the E senior citizens’ home located in D in the front of the city of Yangyang-si, Yangyang-si, 2018, and the Defendant driven a fwing freight vehicle with a 0.120% alcohol concentration in blood.

As a result, the Defendant, even though he had been punished by drinking not less than twice, was driving a motor vehicle while driving the motor vehicle in a state of retoxicated, and driving the motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the detection of drinking drivers, inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver under driving, investigation report (report on the circumstances of the driver under driving under driving under the influence of alcohol), and the register of driver licenses;

1. Application of the Acts and subordinate statutes to the CCTV image of the elderly, investigation report (a CCTV image analysis, etc. installed in front of the elderly household), specific photograph from the driving time of the vehicle under consideration, the CCTV image CD of the vehicle under consideration, and the investigation report (the calculation of alcohol concentration in blood);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (to select a punishment in consideration of the favorable circumstances described in the grounds for sentencing);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria shall apply to offenses of violating the Road Traffic Act;