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(영문) 울산지방법원 2014.05.27 2014고단708
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 5, 2009, the Defendant received a summary order of KRW 700,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on November 22, 2013, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On February 21, 2014, at around 00:40, the Defendant driven a C Poter under the influence of alcohol without a vehicle driver’s license at a section of approximately 1km alcohol concentration of about 0.09% from the 1k-meter radius around the Ulsan-do New-dong, Ulsan-dong to the front day of the Joseon-dong, the same roof-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The General of Driver's Licenses (A);

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (a copy of a summary order of the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the Defendant had been punished by a fine for the crime of violating the Road Traffic Act on two occasions, the Defendant had already been sentenced to a fine for the crime of violating the Road Traffic Act, again carried out the instant crime under the influence of a driver without a license, and the quality of the crime is not less and less than that of the crime.

However, the blood alcohol concentration at the time of the instant case was not significantly high, and human damage was not caused by the driving of the instant case, and considering the fact that the Defendant divided his or her mistake, and the overall sentencing conditions such as family relations of the Defendant are comprehensively considered. In addition, the sentence is ordered as per Disposition, taking into account all the sentencing conditions such as family relations of the Defendant.

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