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(영문) 울산지방법원 2018.11.21 2018고단2333
도로교통법위반(음주운전)등
Text

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

On May 5, 2018, at around 04:03, the Defendant driven a B rocketing car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 500 meters from a 500-meter section around the port of a beach located in Busan west-gu, Busan, to the roads located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver under driving of alcohol, making an investigation report (report on the circumstances of the driver under driving of alcohol), and applying Acts and subordinate statutes to

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The offense of violation of the Road Traffic Act in the sentencing criteria is not set on the sentencing criteria, and it is not subject to the sentencing criteria since the sentencing criteria are not set on the statutory penalty.

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no record of punishing the defendant for the crime of violating the Road Traffic Act.

There are no circumstances such as the reality of the risk of driving without a license or drinking, causing a traffic accident.

The distance of operation is relatively short.

The defendant is led to confession and reflect.

◎ 피고인에게 불리한 정상은 다음과 같다.

On August 25, 2017, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud and a violation of road traffic law (non-licenseless driving) at the Ulsan District Court on August 25, 2017 (Ulsan District Court 2017No. 360) (the Ulsan District Court 2017No. 360). The execution of the sentence was completed on March 14, 2018.

There are a number of criminal records against the accused.

◎ 위와...

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