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(영문) 울산지방법원 2018.06.08 2018고단485

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 16, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving), and a summary order of KRW 3 million by the same court on January 31, 2018 for a violation of the Road Traffic Act (driving).

[Criminal facts]

1. On January 14, 2018, the Defendant was under the influence of alcohol at 0.179% of alcohol during blood transfusion without a motor device bicycle driver’s license, and the Defendant was driving CEAVVV125 U.S. at a section of approximately 100 meters from a mutually influent restaurant in Ulsan-gu, Ulsan-gu to the front day of the same IMF distance in the same Dong from around 100 meters.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the Defendant operated CEAVVE125 Oba, which did not purchase mandatory insurance at the time and place specified in the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Registers of driver's licenses (Evidence Nos. 23), teas (Attachment No. 25) and mandatory insurance (Attachment No. 26)

1. On-site photographs;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), and copies of each summary order, shall be applied;

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Traffic Act concerning facts constituting an offense, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile which is not mandatory insurance);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (only between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (Non-licenseed Driving).