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(영문) 울산지방법원 2017.04.13 2016고단4319
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On February 8, 2013, the Defendant received a summary order of KRW 6.5 million from the Ulsan District Court to a fine of KRW 6.5 million due to a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the Ulsan District Court on June 15, 2016 to a crime of violating the Road Traffic Act.

As above, the Defendant: (a) was a person who violated Article 44(1) of the Road Traffic Act more than twice; and (b) was driving a Cice halog car on November 1, 2016 at approximately KRW 250 meters from the front of the rock market distance on the road in Ulsan-gu New-dong, Ulsan-gu, Seoul-do, to the front road in Ulsan-gu, Seoul-ro, Ulsan-do, U.S., U.S., to the road in front of 87:218 percent of alcohol concentration during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses, inquiry of the results of crackdown on drinking driving, notification of the results of crackdown on drinking driving, arrest of incidents, and report on the detection of drivers engaged in driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Acts of traffic 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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