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(영문) 울산지방법원 2014.05.23 2014고단636
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 12, 2013, the Defendant received a summary order of KRW 5 million from the Ulsan District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 2 million for a violation of the Road Traffic Act on June 29, 2007.

On March 19, 2014, at around 23:35, the Defendant driven a rocketing car under the influence of alcohol with 0.164% of the blood alcohol concentration without a car driver’s license at approximately 800 meters from the front side of the Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul Metropolitan City Urban Scenic Hospital to the front side of the same Rinam Village.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. The driver's license ledger;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (former records and court rulings);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had already been punished several times for the same kind of crime, is driving under the influence of alcohol in a state without a license. Considering the criminal records of the defendant, the method of the crime of this case, and the fact that the blood alcohol concentration of this case is relatively high, the nature of the crime is heavy.

However, considering the fact that the defendant's mistake is divided and reflected, and that the defendant does not repeat the crime in the future, such as the disposal of the vehicle in this case, etc., the defendant's family relationship, etc. is also considered, and the sentence is sentenced as ordered, considering all the sentencing conditions such as family relationship of the defendant

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