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(영문) 울산지방법원 2017.09.26 2017고단2901
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On December 26, 2007, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act, etc. at the Ulsan District Court, and on December 23, 2013, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving under drinking), etc. at the same court.

1. On October 02, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on and around 01:30 on August 02, 2017, the Defendant operated a motor bicycle with a engine displacement of about 800 meters from the front of the GS convenience store in the middle-gu GSdong school located in Ulsan-gu, Ulsan-gu to the front of the school convenience store in the middle-gu, Ulsan-gu, U.S., U.S. to the 800m-gu, Ulsan-gu, U.S., U.S., 222-gu, and operated a motor bicycle with a engine displacement of about 0.077% under the influence of alcohol during blood alcohol.

2. No two-wheeled motor vehicle which has not subscribed to mandatory insurance in violation of the Guarantee of Automobile Compensation, shall operate it on the road.

The Defendant owned a two-wheeled automobile B, who was driving the two-wheeled automobile not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. The register of survey reports, field photographs, reports on the detection of drivers engaged in driving, vehicle inquiries into mandatory insurance, and driver's licenses of motor vehicles;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act; 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 (only between crimes of No. 1 in the judgment);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social services and orders to take lectures under Article 62-2 of the Criminal Act;

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