(영문) 울산지방법원 2014.12.02 2014고정1789

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(영문) 울산지방법원 2014.12.02 2014고정1789

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-wheeled motor vehicle with no registration owned by the defendant, YMCO MXU 150cc.

1. On May 8, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) and the Guarantee of Automobile Accident Compensation Act: (a) drive the said two-wheeled automobile without obtaining a driver’s license; (b) and (c) operated approximately 200 meters from the roads located in Ulsan-dong, Ulsan-gu B to the benefits-based, i.e., the coastwise of the same Gu until the road.

2. On May 8, 2014, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) drive the said two-wheeled vehicle at a parking lot in front of the benefit tank located on the same coast of Ulsan-gu, Ulsan-gu, without obtaining a driver’s license under the influence of alcohol level of 0.126% at around 0:00.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Application of the notified legislation without registration;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of paragraph (2) of the judgment, and the punishment provided for the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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