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(영문) 울산지방법원 2017.12.20 2017고단927
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On February 24, 2017, the Defendant driven a motor vehicle of 0.186% alcohol concentration in blood, without obtaining a driver’s license from an insular section from the sular road located in the Ulsan-dong defense Dong-gu, Ulsan-gu to the front road of 4:24 degrees from the end of the same gender of the same Gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of crackdown on driving under drinking, detection and reporting, such as violation of road traffic laws, report on the circumstances of drivers under driving under the influence of alcohol, on-site photographs of traffic accidents, and the application of the ledger of drivers' licenses;

1. Driving under the relevant legal provision of alcohol for a crime: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is high in alcohol concentration, not only driving under drinking, but also driving without a license, criminal punishment records include two times of fine due to a violation of the Game Industry Promotion Act, but also the fact that the instant crime was committed during the arrears of the fine, and juvenile protective disposition records due to the violation of the Road Traffic Act (non-licenseless driving) are somewhat somewhat different.

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