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(영문) 울산지방법원 2020.11.20 2020고단2247
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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

1. On November 15, 2017, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court for a violation of the Road Traffic Act or a violation of the Road Traffic Act.

On May 3, 2020, at around 23:56, the Defendant driven CM3 car without a driver’s license, while under the influence of alcohol 0.226% while under the influence of alcohol 0.26%.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and not less than twice a licenseless driving.

2. The Defendant in violation of the Automobile Loss Guarantee Act is the owner of CM3 Motor Vehicles.

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

Nevertheless, the Defendant operated the said automobile which was not covered by mandatory insurance at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes regarding the register of driver's licenses, mandatory insurance (before and after marketing), and inquiry and inquiry, such as criminal records, and summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 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 Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

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

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

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

1. Although the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have been sentenced to a fine twice as a crime of drinking-driving, the Defendant has led to the confession of all of the crimes of this case, and made a mistake.

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