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(영문) 울산지방법원 2017.06.22 2017고단993

도로교통법위반(음주운전)등

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

On June 20, 2007, the Defendant was issued a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Ulsan District Court on the same day, and on April 27, 2016, the Defendant was issued a summary order of three million won for the same crime at the same court.

On February 25, 2017, the Defendant driven a B-owned vehicle with alcohol content of 0.166% under the influence of alcohol while under the influence of alcohol, on the road near the Taecheon-gu, Ulsan-gu, Ulsan-si, Seoul-si, which is located in the same area, from around 1km to the front road of the school sex located in the same area, without obtaining a driver's license.

Accordingly, the Defendant, who was punished not less than twice for violating the Road Traffic Act (drinking) without a driver's license, was driving and operating the said vehicle without mandatory insurance, under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: Inquiries about criminal history, the application of the Act and subordinate statutes, reporting on minor convictions;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) and 2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 (the point of failing mandatory insurance) of the same Act;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has the power to be punished seven times due to driving without a license for drinking, the level of driving at the time of the instant driving is very high, and the risk of an accident is high due to the state of driving at the time of the instant driving, while driving at the very high level, to promptly remedy the victim of the accident.