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(영문) 울산지방법원 2013.08.26 2013고정196
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[2013 high-level 196] On June 8, 2011, the Defendant driven a B Mt Motor Vehicle without a driver’s license, in a section of approximately 300 meters of alcohol alcohol concentration at a level of about 0.280% from the street in front of the roter restaurant in Ulsan-gu New-dong, Ulsan-gu, Seoul to the street in front of the stringer in the same Dong.

[2013 high-speed 198] On December 16, 2010, the Defendant committed assault, such as cutting down the victim’s right shoulder, franchising franchising, franchising, and spinginginging down the franchising, 327-10 located in Ulsan-dong, Ulsan-gu, Ulsan-do, 327-10, and paying a taxi fee after getting off the franchis operated by the victim C (age 48). As the victim demands to change the taxi fee, the Defendant committed assault.

In addition, at around 03:40 on the same day, the Defendant assaulted the victim's chest by cutting the victim's chest to his hand on the ground that the victim was living in the E-district and reported the damage to the police officer by moving the Defendant to the si and moving the Defendant to the E-district in Ulsan-gu, Ulsan-gu.

Summary of Evidence

[2013 High Court Decision 196] Evidence records of the case

1. A protocol concerning the police interrogation of the accused;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Records of the register of driver's licenses (A) (2013 high-level 198), evidence of the case;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 148-2 Subparag. 1, Article 44(1) (a) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the same Act concerning the crime; Article 260(1) of the same Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued for the reasons above.

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