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(영문) 울산지방법원 2017.03.14 2017고단253
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

On April 19, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on April 19, 2012, and a fine of KRW 3 million for a crime of violating road traffic laws at the Ulsan District Court on December 14, 2016.

Notwithstanding the above criminal records, the Defendant driven a 500-meter portion from the front side of the 3rd Ro-ju apartment complex in Ulsan-gu, Ulsan-gu, without a driver's license, to the front side of the 3rd Ro-ju apartment complex in the same Dong from the front side of the 3rd Ka-ju apartment complex in the same Dong to the front road of the 1st Ka-ju apartment complex in the same Dong, while under the influence of alcohol concentration of around 21:25 on January 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of alcohol, a report on the situation of the driver's license, a ledger of driver's license, and an inquiry into the vehicle (B);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (report attached to the previous summary order) and application of Acts and subordinate statutes reporting the past convictions and results of confirmation;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is to increase the risk of an accident, and to make a driver aware of the occurrence of an accident, as well as to make the driver aware of the occurrence of an accident, at the same time, the defendant has been driving and driving without a license, and the defendant has received a summary order issued on December 14, 2016 by the criminal records and received the said summary order before the said summary order becomes final and conclusive (the date: January 17, 2017). However, the criminal records other than the two criminal records have been punished.

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