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(영문) 울산지방법원 2020.05.29 2019고단4756

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On December 12, 2007, the Defendant issued a summary order of KRW 4 million to the same court on August 1, 2018.

On October 28, 2019, at around 20:03, the Defendant driven a motor vehicle in Eteteac, while under the influence of alcohol content of about 0.181% from around 600 meters to the same Gu D’s road, from the fluence road located in Ulsan-gu B. < Amended by Presidential Decree No. 2420, Oct. 28, 2019>

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

The defendant of "200 Godan1708" is a holder of FSM5 car.

No person shall operate any motor vehicle which has not been covered by mandatory insurance on the road.

Nevertheless, on February 25, 2018, the Defendant operated the said car which was not covered by mandatory insurance on the front of the G apartment on the Nam-gu Seoul Metropolitan Government G apartment.

Summary of Evidence

"2019 Highest 4756"

1. Defendant's legal statement;

1. Each statement of H and I;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. References to inquiries, such as criminal records, investigation reports (the same type of criminal records, summary orders, and attachment of judgment), summary orders, and one copy of judgment"in each of the judgment;

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to allow perusal of non-insurance operating vehicles, medical insurance history, and motor vehicle register;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The case of this case for sentencing of Article 62-2 of the Criminal Act on probation, community service order and order to attend lectures.