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(영문) 울산지방법원 2016.05.13 2016고정301
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On 01. 05. 20:30 on 201. 05. 20:30, the Defendant driven a bicycle with a motor device in the state of 0.243% alcohol concentration in blood without a motor device bicycle license from the front of a mutually influent restaurant in Ulsan-gu, Ulsan-gu to the 15th day of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at drinking and notification of the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning criminal facts, and Article 152 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for Reduction of Small Quantity [see, e.g., the first offender; the defendant is an overseas Korean residing in Korea for the last 12 years and is subject to a fine of not less than 5 million won in this case; there is a possibility of compulsory departure; there is a family member to support in Korea; the social relationship appears obvious; the fact that the defendant is a motor device driver; etc.];

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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