beta
(영문) 울산지방법원 2017.03.14 2017고단42

도로교통법위반(음주운전)등

Text

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

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

Reasons

Criminal facts

On March 16, 2016, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on March 16, 201, and a fine of KRW 700,000 for the same crime at the same court on the 10th day of

On November 18, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.053% in blood without a vehicle driver’s license from the front of the National Bank located in Ulsan-gu, Ulsan-do to the front of the same city north-gu, Chungcheongnam-gu to the front of the apartment site in the same city north-gu.

As a result, the Defendant, who had the history of violating the Road Traffic Act (drinking) more than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Written opinion (simplified), criminal place, inquiry into the result of crackdown on drinking driving, report on the surrounding circumstances of driving, investigation report (in respect of signature), register of driver's licenses, inquiry into the vehicle, and details of revocation of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes, such as a reply to inquiry, a copy of summary order, such as criminal history;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is to increase the risk of an accident and to make a driver know of the accident, and to make the driver know of the accident, and the defendant simultaneously makes a drinking and a non-licensed driving. However, the defendant's blood concentration is not high and the criminal records of punishment other than the criminal records of the introduction twice of the crime are punished.