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(영문) 울산지방법원 2016.06.09 2016고단974
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 5, 2010, the Defendant was sentenced to a fine of 700,000 won for a crime of violating the Road Traffic Act at the Ulsan District Court on April 5, 201, and a summary order of 5 million won for the same crime at the same court on September 2, 2015, respectively.

On April 8, 2016, the Defendant, without a driver’s license, driven a cub car in B from the vicinity of Samsung Motor Vehicle Research Institute located in Ulsan-gu, Nam-gu to the front of the same cubing restaurant located in the same region, while under the influence of alcohol content of 0.067% in blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes. Article 40 (Selection of Penalty Surcharge);

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 Criminal Procedure of the Order of Provisional Payment is that the defendant does not engage in a repeated crime due to the crime of injury and repeats the crime of drinking, considering the circumstances unfavorable to him, that the defendant is against himself, that the defendant is against himself, and that the alcohol concentration in blood is not significantly high.

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