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(영문) 울산지방법원 2014.11.20 2014고단2886
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2008, and was sentenced to a fine of three million won for the same offense in the same court on May 22, 2014.

1. Around 19:00 on September 1, 2014, the Defendant driven a Cone Star vehicle without a vehicle license in the section of approximately 4km from the Do front of Samsung SDRI company located in Samsung C&SI to the front of a restaurant located in the same Myeon/Dong-ri in the same Myeon/Dong-ri, the Defendant violated the Road Traffic Act (unlicensed Driving).

2. On September 1, 2014, the Defendant driving a vehicle with a blood alcohol content of about 500 meters from a 500-meter section without a driver’s license, while driving a vehicle under the influence of alcohol with a blood alcohol content of 0.059% from the front side of a cafeteria-gun in Ulsan-gun, Ulsan-do, Ulsan-do, to the front side of the water village located in the same east-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Investigation report (examination of the number of crimes committed against driving without a license);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Road Traffic Act of which punishment is heavier between each crime described in paragraph (2) and that of which punishment is heavier);

1. The Defendant: (a) even though the Defendant had been subject to multiple punishment due to drinking alcohol driving and driving without a license, the Defendant is not subject to the punishment for the offense; (b) the Defendant did not cause any accidents; and (c) did not have any history of having been punished as a penalty; and (d) was detained by the instant case.

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