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(영문) 울산지방법원 2013.05.30 2013고단362
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 6, 2012, around 22:10, the Defendant driven CM5 vehicle under the influence of alcohol content of about 0.073% while under the influence of alcohol without obtaining a driver’s license at a section of about 100 meters in front of the convenience store of “GS25” located in the Dong-gu Busan Metropolitan City, Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. In light of the reasoning of the sentencing of Articles 70 and 69(2) of the Criminal Act, it is also possible for the defendant to put the defendant to a strict punishment. However, the defendant's vehicle that was completely parked in the restaurant parking lot at the request of the driver's office is moving to a short distance at the request of the driver's office, not the defendant's license or drinking driving.

As the defendant was discovered, the defendant committed the act of this case in a contingent manner, the blood alcohol concentration by the initial drinking measuring instrument was 0.056% higher, and the defendant has been blicked in depth, and the defendant has been blicking in depth, and it is somewhat harsh to invalidate the suspended sentence, and the suspended sentence remains for a considerable period of time in the future, and if the defendant committed the same kind of crime for a considerable period of time, it can be punished by severe punishment, and other circumstances such as the defendant's age, family relationship, and the wife who flicked his parents, etc. will be punished by a fine, and the defendant will be punished by a fine.

It is so decided as per Disposition for the above reasons.

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