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(영문) 울산지방법원 2017.01.19 2016고단1383
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 10, 201, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court on the grounds of a crime of violating road traffic laws (drinking), etc., and KRW 3 million by the Ulsan District Court on September 4, 2014.

[Criminal facts] The Defendant is a holder of B Poter Cargo Vehicle.

On April 13, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 17:55, driven the foregoing cargo vehicle, which was not covered by mandatory insurance in a section of about 4 km from the front of the elementary school located in Seogsan-gu, Ulsan-gu to the second apartment in the same postal zone located in the same territory as that of the Gu Postal Zone, in a state of alcohol concentration of 0.142%.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, has driven a motor vehicle without obtaining a driver's license in violation of Article 44 (1) of the Road Traffic Act, and has driven a motor vehicle without mandatory insurance under the influence of alcohol.

1. A protocol concerning the examination of the police officers of the accused;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2 of the Compensation for Loss of Motor Vehicle Liability Guarantee Act (the point of failing mandatory insurance) concerning the facts constituting an offense;

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

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;

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