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(영문) 울산지방법원 2014.11.06 2014고단2528
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On June 2, 2009, the Defendant issued a summary order of KRW 500,000 as a fine for the violation of the Guarantee of Automobile Accident Compensation Act at the Ulsan District Court on August 11, 201, a fine of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the same court on August 24, 201, and a fine of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) in the same court on August 24, 2011, respectively. On April 20, 2012, the same court was sentenced to a suspended sentence of KRW 3 years as a crime of obstruction of performance of official duties and became final and conclusive on April 28, 2012, during the period of suspension of execution.

【Criminal Facts】

1. On July 3, 2014, at around 09:23, the Defendant driven a CNEW EF rocketing car with approximately KRW 0.100 percent alcohol concentration in the section of about 5km from the front line of the Defendant’s house located in Ulsan-gun, Ulsan-gun to the industrial tower located in the Nam-gu, Ulsan-ro 4, Ulsan-gu.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of CNEW EF Launa car.

No automobile which is not covered by the mandatory insurance shall be operated on a road.

Nevertheless, at around 09:23 on July 3, 2014, the Defendant, without being subscribed to mandatory insurance, operated the said NEW EF rocketing car from the front line of the Defendant’s house located in Ulsan-gun B to the industrial tower located in Ulsan-gu, Nam-gu, Ulsan-ro 4.

Summary of Evidence

1. Defendant's legal statement;

1. The chassis, the mandatory insurance bureau and the motor vehicle registration certificate;

1. A written order from a host driver, a notice of completion of correction, and a circumstantial statement of a host driver;

1. Previous records of judgment: Criminal records, investigation reports (reports on judgments and summary orders), judgments and summary orders, undisposition of dispositions, and reporting on results of confirmation and application of Acts and subordinate statutes;

1. He/she is not obliged to subscribe to the mandatory insurance under the relevant Act on Criminal Facts, Articles 148-2 (1) and 14 (1) of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the same Act.

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