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(영문) 울산지방법원 2018.01.05 2017고단3859
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

【The Defendant was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws at the Ulsan District Court on November 4, 2015. On January 12, 2017, the same court was sentenced to a fine of KRW 4 million for a violation of road traffic laws, a violation of road traffic laws (non-licensed driving), a violation of road traffic laws (non-licensed driving), a forgery of private documents, and a violation of the above investigation documents, which was sentenced to a suspended sentence of two years for six months on January 20, 2017, which became final and conclusive on January 20, 2017.

【Around October 16, 2017, the Defendant driven a C-car under the influence of alcohol content of about 0.122% without obtaining a driver’s license in a section of approximately 1 km from a vehicle’s first school located in the BYC shop parking lot located in the same Dong-dong, Ulsan-gu, Busan-dong, Busan-dong, for about 08:48.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on actual condition, survey report on traffic accident, photographs related to a traffic accident, report on the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, report on the circumstances of a driver driving and report on an investigation, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment fall under the three-dimensional driving of drinking, and the second driver's licenseless driving is also the second driver, in particular, the driver's license is driving of the same kind of drinking or non-licenseless driving during the suspension period of the execution of imprisonment due to the same kind of drinking or non-licenseless driving, and the case is the case.

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