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(영문) 울산지방법원 2016.12.15 2016고단2807

도로교통법위반(무면허운전)등

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

【Criminal Power】 On July 10, 2006, the Defendant was issued a summary order of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act, etc., and on October 11, 2010, the same court issued a summary order of 1.5 million won for a violation of the Road Traffic Act, etc. and was punished four times for the same kind of crime.

【Criminal Facts】

1. On July 2, 2016, the Defendant, who violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) had been punished twice or more as seen above, driven a motor vehicle without a license, under the influence of alcohol of about 0.273% of the blood alcohol concentration (100C) without obtaining a motorcycle license, from the end of the end of the end of the end of the end of the end of the end of the end of the city in Yangsan-si, Yangyang-si, Busan, to the end of the end of the end of the end of the end of the end of the end of the road after going through a neighboring road.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate an automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in the above Paragraph 1, operated the registered Oba (100C) without any mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Photographs at the time of accident;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act (the point of driving sound), Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Loss of Motor Vehicles;

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

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

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

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

1. An order to attend a course;