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(영문) 울산지방법원 2016.09.29 2016고단1964
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On July 30, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Ulsan District Court on July 30, 200, and KRW 2 million for the same crime at the same court on October 26, 2009.

[Criminal facts] On June 16, 2016, the Defendant driven a motor vehicle with water alcohol level of at least 0.108% in a distance of approximately 400 meters to the neighboring road at the south of the Csan Elementary School parking lot located in Samsan-dong, Ulsan-gu, Ulsan-do, Busan-do, without obtaining a driver’s license, in the state of alcohol level of at least 0.108% in the middle of the blood alcohol level at around 400 meters to the surrounding road.

Accordingly, although the defendant had been punished more than twice as a crime of violating the Road Traffic Act, he again driven a motor vehicle without obtaining a driver's license in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of fines;

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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