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(영문) 울산지방법원 2016.06.13 2016고단1320
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2015, the Defendant issued a summary order of KRW 7 million at the Ulsan District Court for a crime of violating the Road Traffic Act (drinking driving), and on December 9, 201, the same court issued a fine of KRW 7 million for the same crime, etc., on several occasions.

1. On February 29, 2016, the Defendant was under the influence of alcohol on the violation of the Road Traffic Act (drinking driving) and the violation of the Road Traffic Act (dimplicing driving) on February 29, 2016, the Defendant driven a cub car in B from the end of the Ulsan National University located in Ulsan-gu, Ulsan National University with no driver’s license to the vicinity of the new uniforms located in the same location, from approximately 1km to approximately 1km.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

The Defendant operated a coo car in B, which was not covered by mandatory insurance, at the same time and at the same place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license, inquiry into mandatory insurance, and driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment is aggregated with the long-term punishment for two crimes);

1. On April 22, 2010, the Defendant again committed the instant crime without any pening, even though he/she had been sentenced to punishment several times with the same kind of force, including probation, under Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter the following sentencing was considered) of the Act on the Reduction of Small Quantity, and the judgment was finalized around that time after having been sentenced to two years of suspended sentence for six months of imprisonment with prison labor due to drinking, etc. at the Ulsan District Court.

Nevertheless, the defendant has been suspended.

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