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(영문) 울산지방법원 2014.01.27 2013고정1036
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2013 Highly 1036] On June 1, 2012, the Defendant driven B K5 car while under the influence of alcohol content of about 0.129% without a car driver’s license at the section of about 2km up to the shooting distance near the modern apartment located in the middle-dong in the city at the same time, in which it is difficult to identify the trade name in the water-Eup at the Yangsan city.

[2013 High Court Decision 09:00 on February 5, 2012, 2012, the Defendant driven C Dokdo Dok-type vehicle in the state of drinking alcohol concentration of about 0.079% at a section of about 50km in the front of the road 20km in the upper northwest of the Busan Metropolitan City, Seosan-si, the Gyeongdo-gu, Busan Metropolitan City, at around 09:0.00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Article 148-2 (2) 2, Article 44 (1) (the point of a drunk driving on June 1, 2012), Article 152 subparagraph 1, Article 43 (the point of a without a license), Article 148-2 (2) 3, and Article 44 (1) (the point of a drunk driving on February 5, 2012) of the relevant Act on criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between the crimes of violation of the Road Traffic Act due to a drunk driving on June 1, 2012 and the crimes of violation of the Road Traffic Act due to a unauthorized driving);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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