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(영문) 울산지방법원 2013.07.04 2013고단1985
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

【Criminal Power】 On January 28, 2008, the Defendant was sentenced to a fine of KRW 2 million by the Ulsan District Court for a violation of the Road Traffic Act (Refusal of measurement), and a fine of KRW 3 million by the same court on May 7, 2010, respectively.

【Criminal Facts】

1. Around 20:20 on April 16, 2013, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) without obtaining a driver’s license at a section of about 1km from the front of a restaurant in which it is impossible to identify the trade name in the Southern-gu New-dong, Ulsan-gu, Ulsan-gu to the front of the postal history in the Ulsan-gu Postal Zone, and driving a driver’s license at a section of about 1km without obtaining a driver’s license at a level of about 0.179%, while under the influence of alcohol level of 0.179%.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 49C Occ.

Despite the fact that a motor vehicle not covered by mandatory insurance is prohibited from being operated on the road, the defendant was driving the motor vehicle on the road, which is not covered by mandatory insurance at the same time and place as referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes notifying the discovery of a motor vehicle with unpaid wheels;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), Article 154 subparagraph 2, and Article 43 (a point of a Unlicensed Driving), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense;

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

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. The sentence of Article 62(1) of the Criminal Act (i.e., the violation of Article 62(1)) is to be imposed by imprisonment with prison labor in consideration of the defendant's power, even though the defendant had many records of the same offense.

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