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(영문) 울산지방법원 2016.10.11 2015고단3358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on August 14, 2015 and the parole period expired on November 17, 2015.

In addition, on October 8, 2007, the Defendant issued a summary order of KRW 4 million at the Suwon District Court's Ansan Branch for the crimes of violation of the Road Traffic Act (driving). In addition, on December 18, 2009, a fine of KRW 5 million was imposed due to the crimes of violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch, and on January 21, 201, a fine of KRW 4 million was issued by the Suwon District Court for the crimes of violation of the Road Traffic Act (driving).

1. Around 04:45 on October 13, 2015, the Defendant was driving a B-car under the influence of alcohol concentration of 0.16% without a vehicle driver’s license in a section of about 400 meters from the vicinity of the So-called Busan Jindo to the front of the same mutually-beneficial bridge.

Accordingly, the defendant driven a motor vehicle under the influence of alcohol not less than twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated B automobiles not covered by mandatory insurance at the temporary location of Paragraph (1).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and mandatory insurance;

1. Inquiry reports, such as criminal records, and application of Acts and subordinate statutes on the same record;

1. Operation under relevant law on criminal facts: Operation of automobiles which are not mandatory insurance under Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: The main sentence of Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violating the Road Traffic Act) and the violation of the Road Traffic Act (the crime of driving without a license).

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