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(영문) 울산지방법원 2018.05.30 2018고단1239

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to imprisonment for 4 months and a fine of 300,000 won due to a violation of Road Traffic Act (unlicensed Driving) and a violation of the Guarantee of Automobile Compensation Act in the Ulsan District Court on February 26, 2017, and completed the execution of the sentence in the Common Detention House on February 26, 2017.

1. On March 28, 2018, the Defendant, in violation of the Road Traffic Act (drinking) and the Road Traffic Act (Dless Driving), driven a bicycle with C125CC engine device under the influence of alcohol content of about 500 meters from around the bus stop in Ulsan-gun, Ulsan-gun, Ulsan-gun to the front road of the bus stop in Ulsan-gun, Ulsan-gun, under the influence of around 208, without obtaining a bicycle driver’s license for a motor device at around 20:40 on March 28, 2018.

2. The Defendant violated the Guarantee of Automobile Compensation Act: (a) operated a bicycle without mandatory insurance at the same time and place as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the fact of repeated crime) statute;

1. Operation of a motor vehicle without a license under Article 148-2 (2) 3 or 44 (1) of the Road Traffic Act for criminal facts: Operation of a motor vehicle with no mandatory insurance under Article 154 subparagraph 2 or 43 of the Road Traffic Act: Article 46 (2) 2 or the main sentence of Article 8 of the Guarantee of Automobile Compensation:

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (1) of the Criminal Act provides no sentencing guidelines for sentencing for concurrent crimes.

A favorable circumstances: A repeated crime due to a majority of the criminal experience in the same kind of crime is committed, which is disadvantageous to the fact that the degree of alcohol concentration is not high among the blood transfusions that they made a confession and are against depth: A repeated crime due to a majority of the criminal experience is committed.