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(영문) 울산지방법원 2018.11.22 2018고단2542

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 13, 2018, the Defendant: (a) driven a DV coo-coo car at approximately 1.2km section from the Sungnam-dong parking lot located in Ulsan-gu, Ulsan-gu to the roads in front of the Cnit City located in B from May 13, 2018, while under the influence of alcohol of about 0.194% in alcohol level from the 1.2km section to the roads in front of the Cnit.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of a NAS car in the fourth city as set forth in paragraph (1).

No person shall operate any motor vehicle which is not covered by mandatory insurance.

Nevertheless, the Defendant operated the said car which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act / [Selection of imprisonment]

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes are divided in depth after the crime was committed by the Defendant. However, even though a suspended sentence was imposed due to a traffic accident while driving under drinking, the occurrence of a traffic accident again occurs even before the suspended sentence was imposed, and furthermore, it can be possible to have the record of regulating or punishing the driving under traffic accident or without a license, and the amount of drinking alcohol in this case is relatively high, and other conditions of sentencing as shown in the records such as the Defendant’s age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc., it is inevitable to sentence the same as the order for the safety of other traffic participants as well as the Defendant.