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(영문) 울산지방법원 2017.11.22 2017고단3350
도로교통법위반(음주운전)등
Text

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

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

On June 16, 2014, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving), etc. at the Ulsan District Court, and on September 3, 2014, the Defendant was issued a summary order of KRW 3 million due to the same crime, etc. at the same court. On March 30, 2016, the Defendant was issued a summary order of KRW 6 million with the same crime at the same court.

1. On August 9, 2017, the Defendant was under the influence of alcohol of 0.082% in blood without a driver’s license on August 18:10, 2017, the Defendant driven a Brocketing ray vehicle at a section of about 10 km from the 10km away from the Guldong apartment near the Gulsan apartment located at the front-dong, Ulsan-dong, Ulsan-dong, Samsan-dong, to the neighboring road in the Hansan-dong, Chungcheongnam-dong, Ulsan-dong.

2. No person who violates the Guarantee of Automobile Compensation shall drive any motor vehicle which has not been covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, driven B-Syun cargo vehicles that were not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving a motor vehicle without a license under Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act for criminal facts at least three times: Operation of a motor vehicle with no mandatory insurance under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: The main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Insurance Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act (the maximum term shall be within the scope of both crimes plus the maximum term of both crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62(1) of the Criminal Act (referring to the part of favorable circumstances for sentencing as follows):

1. An order to attend a lecture shall be made pursuant to Article 62-2 of the Criminal Act by confession and depth in favor of the reasons for sentencing.

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