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(영문) 울산지방법원 2015.04.30 2014고단3471
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 15, 2009, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on September 15, 2009, and on February 8, 2013, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver's License) at the Ulsan District Court on February 8, 2013, and the previous department was nine times more.

1. At around 180:40 on October 18, 2014, the Defendant driven B-be cargo with a blood alcohol concentration of about 0.162% while under the influence of alcohol without obtaining a driver’s license within about 15 kilometers from the roads in front of the military base located in Ulsan-gu, Ulsan-gun, Ulsan-gun, Ulsan-gun, from the roads in front of the military base located in Ulsan-do to the entrance of the tea tunnel located in the middle-gu, Ulsan-do.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as the owner of the foregoing cargo vehicle, operated the said cargo vehicle without mandatory insurance at the aforementioned temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Mandatory insurance policies;

1. Records before judgment: Criminal records, etc. inquiry reports and report on results of confirmation before disposition, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Imprisonment with prison labor for choice of punishment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the Defendant had been punished nine times or more for the same kind of crime, and even if the instant crime was committed during the period of suspension of execution, he/she is not insured under the influence of alcohol without a license even though it was under the suspension of execution.

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