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(영문) 울산지방법원 2015.10.30 2015고정1417
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 29, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in Busan District Court's branch court's jurisdiction on October 29, 2008, and on February 5, 2010, for the same crime in Ulsan District Court's jurisdiction on February 5, 201.

On July 15, 2015, at around 01:40, the Defendant driven a B B large EDY 49cc lebane in the front of the CU convenience store located in Ulsan-gun, Ulsan-si, with a blood alcohol concentration of 0.074%, without obtaining a motorcycle driver's license.

As a result, the Defendant violated the prohibition of drinking driving more than twice but drives a motor vehicle under the influence of alcohol again, while driving a motor vehicle at the same time without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, D, and E;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Making inquiries into the results of the control of drinking driving, the register of driver's licenses, and making inquiries into the car;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of a selective fine (as to the crime of violating the Road Traffic Act) ;

1. Articles 70 (1) 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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