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(영문) 울산지방법원 2015.09.02 2015고단374
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

Punishment of the crime

On April 5, 2012, the Defendant received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (driving) from the Ulsan District Court on April 5, 2012, and a summary order of five million won or more due to a violation of the Road Traffic Act (driving) in the same court on April 12, 2012, respectively.

1. On December 3, 2014, at around 19:35, the Defendant driven a 110c c ec 100 c ec c 100 c c c c 100 c c c 100 c c c 100 c c c 100 c c c c 100 c c c c c 100 c c c c c c c c c c c c c c c c c c c c c

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of 110cc City/Do 100 Oral Ba, no number plate.

Although the defendant is prohibited from operating a motor vehicle which is not covered by mandatory insurance on the road, he/she is driving the motor vehicle on the road which is not covered by mandatory insurance at the time, time and place under paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and photographic records;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

1. Relevant Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 12987, Jan. 6, 2015);

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. The details of discretionary mitigation of qualifications under Articles 53 and 55(1)3 of the Criminal Act, and suspension of qualifications for the same offense; and

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