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(영문) 울산지방법원 2012.11.30 2012고합466
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the Defendant was acquitted.

Reasons

Criminal power is a person who was sentenced to a fine of two million won for a violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on October 22, 2008, and was sentenced to a fine of two million won for the same crime at the Ulsan District Court on October 28, 2009, and on April 26, 2010, was sentenced to a fine of six months for the same crime at the same court on April 20, 201 and the said judgment became final and conclusive on August 20, 201, and completed the execution of the sentence at the Busan Correctional Institution on February 11, 201.

Criminal facts

1. On January 27, 2012, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a B B B B B car without mandatory insurance on the front of the defense Dong-dong community service center located in Ulsan-gu defense Dong-dong, Ulsan-gu.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.091% from the day front of the cross-defluence in the defense Dong-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the front day of the defense Dong community center located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. Borrowing of trucks and mandatory insurance;

1. A criminal investigation report (Attachment to the current status of entry or departure by individual);

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Relevant legal provisions and Articles 46(2) and 8 of the Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012; hereinafter the same shall apply); Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment, but the scope of the sum of the long-term punishments in both crimes];

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

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