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(영문) 울산지방법원 2014.08.14 2014고정1202
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 shall be one day.

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to imprisonment with prison labor for four months and two years of suspension of execution for a violation of the Road Traffic Act in the support of the Daejeon District Court on July 26, 2007. On January 10, 2013, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Ulsan District Court on January 10, 201.

On January 24, 2014, at around 23:35, the Defendant, without obtaining a driver’s license, driven a BM3 car while under the influence of alcohol of 0.063% in a section of approximately 0.3km to the front of the heung-dong located in the north-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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