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(영문) 울산지방법원 2016.10.14 2016고정971
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On June 9, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch of the Daegu District Court on August 30, 2010, a fine of KRW 3.5 million for a violation of the Road Traffic Act (refluence) in the resident support area of the Daegu District Court on August 30, 201, and a fine of KRW 2 million for a violation of the Road Traffic Act (refluence) in the Daegu District Court Kimcheon-do branch of March 25, 2014.

【Criminal Facts】

On December 23, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle on December 23, 2015, driven a motor vehicle vehicle B in the section B of approximately 500 meters from the Do located in Ulsan-dong, Ulsan-dong, U.S., to the front of the luminous conference located in the same defense Dong to the luminous conference located in the same defense Dong.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, drives a motor vehicle without obtaining a driver's license in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Before ruling: Application of the references to criminal records and Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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