logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2014.01.09 2013고단3290
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

On December 31, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on December 31, 2007, and a fine of two million won for a violation of the Road Traffic Act (driving) at the same court on August 14, 2009, respectively.

1. On September 17, 2013, the Defendant driven CHJ125 Obaba in the section of about 3 km from Ulsan Jung-gu B before the road in the same academic dong without a driver’s license, while under the influence of alcohol at least 0.206% of blood alcohol content, on September 15:22, 2013.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the holder of the above Oral Ba, operated the above Oral Ba, which was not covered by mandatory insurance at the time and place specified in paragraph (1) above.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. A report on detection of a police driver;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the same Act concerning criminal facts, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment prescribed for a violation of the Road Traffic Act of each of the types of driving without a license and driving without a license shall be imposed on a person who has committed a crime of violating the Road Traffic Act of heavier drinking);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes above two crimes)

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under the proviso of Article 62-2 (1) and Article 62-2 (2) of the Criminal Act;

arrow