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(영문) 울산지방법원 2015.07.17 2015고단1170
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 14, 2012, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on September 14, 2012, and on October 24, 2013, the same court was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving). On October 24, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act and the said judgment became final and conclusive on November 1 of the same year

1. Around 22:40 on April 15, 2015, the Defendant violated the Road Traffic Act (driving a sound driving) and the Road Traffic Act (driving a driver without a license) driven C Atop car while under the influence of alcohol of about 0.092% of blood alcohol concentration without obtaining a driver’s license at a section of about 500 meters from the front side of a restaurant in which the trade name in the upper northwest of the upper northwest of the city of Yangsan-si is unknown to the front side of the same Ri.

As a result, the Defendant, who had a record of drinking twice or more, driven a motor vehicle under the influence of alcohol again.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of C Atop car.

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

Nevertheless, the defendant operated the car without mandatory insurance at the date, time, and place under the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal history records, investigation reports, confirmation of the same kind of power, judgment, summary order, non-prosecution decision, etc.;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, which shall apply to Acts and subordinate statutes;

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

1. Selection of penalty:

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