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(영문) 울산지방법원 2016.08.11 2016고단2201
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On June 18, 2009, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (drinking driving) at the Ulsan District Court, and on January 15, 2016, the same court issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving).

On June 19, 2016, the Defendant, without obtaining a license for a bicycle for a motor device of 0:40 square meters, driven a 50cc occ occbin, which was not covered by the automobile mandatory insurance at approximately 80 meters section of approximately 80 meters in front of the Yannam-gun, Ulsan-gun, Ulsan-gun, the alcohol level of which is 0.181% under the influence of alcohol during blood.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning criminal facts; Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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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