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(영문) 울산지방법원 2019.11.21 2019고단3184
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 24, 2008, the Defendant issued a summary order of KRW 1 million at the Busan District Court to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 2.5 million from the Changwon District Court on June 28, 2010, and a summary order of KRW 4 million from the Changwon District Court on August 29, 201 to a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around August 23:17, 2019, the Defendant: (a) driven a motor vehicle with a F-typ in the state of alcohol alcohol concentration of 0.088% at a distance of about 200 meters from the front of the road in Yangsan-si B to the front of the road in Yangsan-si D.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act operated a F low-speed car that was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of driving without insurance) and the choice of imprisonment, respectively;

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. Determination in consideration of the fact that the community service order is punished by imprisonment with prison labor for a majority of previous convictions of the same type of punishment under Article 62-2 of the Criminal Act, and all of them have passed for at least eight years, the fact that accidents are not followed without excessive attention, and the fact that it is against gender;

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