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(영문) 울산지방법원 2012.10.26 2012고합362
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 3, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Ulsan District Court on December 28, 201, a summary order of KRW 2.5 million for the same crime in the same court on December 28, 2010, and a summary order of KRW 2 million for the same crime in the same court on January 13, 2011, respectively. On August 11, 201, the same court was sentenced to a summary order of KRW 2 million for the same crime, and the said judgment becomes final and conclusive on August 19, 201 and is currently under suspension of execution.

On June 18, 2012, at around 19:20, the Defendant driven C Poter cargo without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.189% at a 620-meter radius from the front side of the head of the military security center located in the same Dong to the roads before the military security center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements of D;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous records of judgment: Criminal records, etc.; three copies of inquiry reports; one copy of summary order; and one copy of judgment;

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

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. Conditions for negative sentencing on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act for the confinement in a workhouse: Six times each time, and it is still under the period of suspension of execution after being punished for a violation of the Road Traffic Act as of the present period of suspension of execution; and

1. Sentencing conditions: The fact that the health is not good and the old is supporting the mother of 94 years of age after undergoing the Macam surgery 4 years prior to 4 years ago.

It is so decided as per Disposition by reason above.

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