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(영문) 울산지방법원 2014.11.06 2014고단2213
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 31, 2007, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Ulsan District Court, etc., and on June 12, 2009, the Defendant was sentenced to a suspended sentence of two years with prison labor for a violation of the Road Traffic Act (driving) at the Ulsan District Court.

1. On June 19, 2014, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) are driving from the same level on the front of the PC bank in front of the Seogsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, at around 19:25, 2014.

From about 200 meters to the front road of the bank, the driver was driving a 124cc occ occ occ without a license plate in the state of being drunk by 0.153% of alcohol concentration without a license.

2. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate the automobile on a road which is not covered by mandatory insurance;

The Defendant, as a holder of the Oral Ba under paragraph (1), operated the Oral Ba under Paragraph (1) that was not covered by mandatory insurance at the same time and place as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. The report on the occurrence of a traffic accident (the purport that it is an unregistered vehicle);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraphs 2 and 43 of Article 154 of the Road Traffic Act (the point of unauthorized Driving), Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act (the point of free insurance operation) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment;

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:

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