logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.01.22 2014고단3049
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 28, 2008, the Defendant was notified of a summary order of a fine of KRW 3.5 million at the Ulsan District Court for a violation of the Road Traffic Act, etc. On April 24, 2008, the Defendant was sentenced to a suspended sentence of five months for a violation of the Road Traffic Act. On April 17, 2009, the Defendant was sentenced to a fine of KRW 5 million at the Ulsan District Court for a violation of the Road Traffic Act.

1. Around 20:20 on August 25, 2014, the Defendant: (a) driven a large 49cc motor bicycle under the influence of alcohol level of about 0.09% without a driver’s license on the 1km section of approximately 1km from the end village of the sex located in the defensive Dong-dong, Ulsan-gu, Ulsan-do to the front road at approximately 112:0.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the defendant operated the above motorcycle which was not covered by mandatory insurance at the time and place specified in the above Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A traffic accident report, actual condition investigation report, and photographs related to a traffic accident;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Before ruling: References to criminal records and investigation reports (reports on confirmation of past records of the same kind of crime) shall apply to statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and 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 Code of the Commercial Concurrent Crimes shall apply to drinking and driving.

arrow