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(영문) 울산지방법원 2017.08.08 2017고단1356
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

【Crime of Crimes】 On March 12, 2010, the Defendant was sentenced by the Gwangju District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking) and a violation of the Road Traffic Act (drawing after an accident), and a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking) in the same court on July 13, 201. On November 27, 2015, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violating the Road Traffic Act at the Ulsan District Court on November 27, 2015, and was sentenced to six months of imprisonment, a suspended sentence of two years, and an order to attend a law enforcement lecture for 40 hours on December 5, 2015.

【Defendant 1, who violated the provision on the prohibition of driving under the influence of alcohol twice or more, once again, driven Dart Ra who was not covered by the mandatory insurance without obtaining a driver’s license, on March 14, 2017, at approximately 0.7km from the front of the mutual influent restaurant located in the Nam-dong, Changwon-gu, Changwon-si to the front of the same city’s counter site to the same city’s front road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a vehicle at home, a report on the circumstances of the driver at home, an inquiry into the results of crackdown on the driving of alcohol, a ledger of driver's licenses, an inquiry into the vehicle register, and an inquiry into the mandatory insurance;

1. Previous convictions: Application of the results of inquiry, each investigation report [the confirmation of the probation period for a suspect and accompanying reports of the same kind of records, etc.] and the Acts and subordinate statutes;

1. Driving under the relevant legal provision on criminal facts: The occupation of driving without a license under Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: The occupation of operating a vehicle with no mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act;

1. Between the crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes and the crimes under Article 50 (driving of Drinking) of the Road Traffic Act (and between the crimes under Article 40 and the crimes under Article 50 of the Road Traffic Act): The crimes under Article 40 of the Road Traffic Act of which punishment is heavier;

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