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(영문) 울산지방법원 2019.09.26 2019고단2600

자동차손해배상보장법위반등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a holder of a two-wheeled vehicle (a load 124c) without a license plate.

On May 28, 2019, at around 14:07, the Defendant driven a two-wheeled automobile not covered by a mandatory insurance, under the influence of alcohol concentration of about 50 meters from a 50-meter section before the restaurant located in Ulsan-gun B to the front road of the E company located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to notify the loading of unregistered vehicles;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) applicable to the facts constituting an offense [election of imprisonment]

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

1. Probation order Article 62-2 of the Criminal Act has three times the history of punishment for driving under the influence of alcohol, which again led to the instant crime, and the degree of drinking is relatively significant. On the other hand, the Defendant’s age, occupation, character and behavior, family relationship, living environment, circumstances leading to the commission of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, etc., shall be comprehensively taken into account, and the sentence like the order shall be determined, but the execution thereof shall