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(영문) 울산지방법원 2018.04.19 2018고단475
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On May 2, 2014, the Defendant issued a summary order of KRW 4 million to a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Ulsan District Court on May 22, 2014, and issued a summary order of KRW 2 million for the same crime at the same court on May 17, 2017, and on September 19, 2017, the Defendant violated the duty of prohibiting driving under the influence of alcohol two times or more by being sentenced to a suspended sentence of two years for the same crime in the same court on September 19, 2017.

On January 20, 2018, the Defendant driven a motor vehicle without obtaining a driver’s license in the state of alcohol concentration of about 7km from around 04:46 to the front of the barrack distance in the south-gu, Ulsan-gu to the front of the same Jung-gu, Jung-gu, Seoul-gu, without obtaining a driver’s license for a motor vehicle under the influence of alcohol concentration of about 0.133%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of the driver at the main place and a report on the situation of the driver at the main place of business;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to the judgement, etc.);

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 Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act to be confined in a workhouse and three times of the same criminal records and three times of the reason for sentencing, and this case is a crime during the same period of suspension of execution, and there is a need for strict punishment.

However, in light of the fact that the defendant had a lock over 4 hours after drinking and did not lead to an actual accident, that the defendant has a depth divided, that the defendant's custody of the defendant has business difficulties leading to the defendant and the damage to the disabled parents who do not intend to become the defendant, etc., this time shall be sentenced to a fine, and the defendant shall be sentenced to a court.

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