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(영문) 울산지방법원 2021.01.13 2020고단4686
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On February 18, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act by the Ulsan District Court on February 18, 2008.

On August 15, 2020, the Defendant driven a coo vehicle into D in the state of alcohol alcohol content of about 15 km from the C parking lot located in G, G, Gyeongnam-gun, G to the point of about 116 km away from the Daejeon Highway Daejeon Highway.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act more than twice.

2. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act is prohibited from operating a motor vehicle that is not covered by mandatory insurance, the Defendant operated a cood motor vehicle on the date, time, and place specified in paragraph 1, which is not covered by mandatory insurance.

Summary of Evidence

1. Defendant’s statutory statement, report on the occurrence of traffic accidents, investigation report on the actual condition of the driver’s driver, and mandatory insurance to notify the results of crackdown on drinking driving;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes of report on investigation (the same criminal record and confirmation of suspect);

1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the purchase of mandatory insurance and the selection of imprisonment);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

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. Scope of applicable sentences by law for sentencing under Article 62-2 of the Criminal Act: One year to three years; and

2. No sentencing criteria are set;

3. Determination of sentence: The defendant's age, family relation, process of growth, sex behavior, living environment and the crime of this case, together with the sentence of two years of suspended sentence for one year of imprisonment, and the sentence of the defendant as stated below.

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