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(영문) 울산지방법원 2018.04.10 2017고단4339
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 October 11, 2017, the defendant was sentenced to a suspended sentence of 8 months for an indecent act committed by force in Busan District Court's Dong Branch's branch's imprisonment, and the decision became final and conclusive on October 19, 2017, and is currently under suspended sentence.

around 00:04 on November 14, 2017, the Defendant driven a BSP car without obtaining a driver’s license in the state of alcohol concentration of about 0.158% from a section of about 800 meters in blood alcohol level from the front and rear 6-4, South East Eastern, to the road of about 36-4, North Korea at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report on occurrence of the case, report on the situation of the driver who takes driving, notification of the results of crackdown on drinking, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of judgment);

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. The fact that each of the crimes of this case was committed without being aware of during the suspension period of execution due to forced indecent conduct for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that the blood alcohol concentration was high, and that this case was a second driver without a license, and that there was a risk of re-offending, considering that the vehicle as indicated in the judgment of the Defendant was not a driver without a license, and that it was the second driver with a second driver without a license, and that there was no longer a risk of re-offending: Provided, That the Defendant is under the process of succeeding to the lease of a vehicle as indicated in the judgment, and it is said that the Defendant would no longer drive without a license.

(1) take into account the fact that such action is taken.

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