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(영문) 울산지방법원 2019.08.22 2019고단1401

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 5, 2010, the Defendant received a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act from the Ulsan District Court, and on December 13, 2013, the Defendant was sentenced to imprisonment for 8 months or to a suspended sentence of 2 years for the same crime, etc. on December 13, 2013. On February 7, 2018, the Defendant violated the obligation under the Road Traffic Act that would not drive a motor vehicle under the influence of alcohol on at least two occasions by receiving a summary order of KRW 6 million from the same court due to the same crime, etc.

On April 13, 2019, at around 02:52, the Defendant driven a non-registered EVO 125 motorcycle without mandatory insurance without obtaining a motor device bicycle driver's license in a section of approximately 200 meters in front of Ulsan-gu B, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the crackdown on drinking driving, the report on the circumstantial statements of drinking drivers, investigation reports, the register of driver's licenses for automobiles, and the mandatory insurance association;

1. A report on investigation;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and attachment) and Acts and subordinate statutes;

1. Relevant Act on criminal facts: Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime is heavy in that a person drives a breab while driving a breab in the state of drinking, including the record of punishment for the violation of special Acts, after the occurrence of a traffic accident after drinking the reason for sentencing.

Contrary points, it is not an accident, the environment of the defendant, etc.