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(영문) 울산지방법원 2016.05.30 2016고단908
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On March 12, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court on March 12, 2008, and was sentenced to a summary order of KRW 2 million for the same crime at the same court on March 2, 2009, and was sentenced to a summary order of KRW 5 million for the same crime at the same court on November 25, 2013. On November 23, 2015, the Defendant was sentenced to a summary order of KRW 5 million for the same crime of violating the Road Traffic Act at the same court on December 1, 2015, and the sentence became final and conclusive on December 1, 2015.

On February 12, 2016, the Defendant driven Cunstst Motor Vehicle under the influence of alcohol concentration of 0.051% without obtaining a driver’s license, from the front day of the present Dog-ro 11, Ulsan-gu, Ulsan-gu, 78, to the shooting distance of approximately 200 meters from the front day of the present Dog-ro 11, the same Dog-ro 134.

Accordingly, the Defendant, as seen above, driven the said car without obtaining a driver’s license while under the influence of alcohol, even though the Defendant had a driving force twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous convictions in judgment: Inquiries about criminal history and the application of investigation reports (in the end of 8,18) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Selection of a fine, in lieu of a fine, in consideration of various circumstances, such as crimes, drinking volume (0.051%), reflective attitude, background of crimes, health conditions, driving distance, etc. during the period of suspension of the execution of the same kind of punishment, under Articles 70(1) and 69(2) of the Criminal Act (limited to sentencing).

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