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(영문) 제주지방법원 2013.12.27 2013고단1629

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 30, 2013, the Defendant was sentenced to imprisonment of six months with prison labor for embezzlement, etc. at the Jeju District Court, which became final and conclusive on December 16, 2013.

[2013 Highest 1266] The Defendant did not obtain a driver’s license, and around 10:35 August 4, 2013, the Defendant driven a new salary truck from the 1km section to the front road of the same Eup/Myeon, located in the Sungpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

[2013 Highest 1629] The Defendant was under the influence of alcohol by 0.227% in blood alcohol concentration without obtaining a driver’s license on September 25, 2013. The Defendant was under the influence of driving the vehicle of New High Vehicle C with a two-lane distance in front of the rural village distance in the Sinsan-si Sinpo-si Si, Seopo-si, Seopo-si, Seopo-si, and was under the influence of driving the vehicle at the front part of the victim D(W, 50 years old), who was under the influence of alcohol, and was under the influence of driving the vehicle at the front part of the victim’s vehicle and was under the influence of driving the vehicle at the front part of the two-day speed in front of the Sinpo-si, Seopo-si, Seopo-si, Seopo-si, and left the front part of the opposite sea. It is difficult to bring about an injury to the victim under the influence of normal driving.

Summary of Evidence

[2013 Height1266]

1. Statement by the defendant in court;

1. The register of driver's licenses (2013 Height 1629);

1. Statement by the defendant in court;

1. Written statements and recording records of the persons involved in the D traffic accidents;

1. Application of Acts and subordinate statutes to the de facto survey report, report on detection of a de facto driver, the ledger of driver's licenses, and diagnostic certificates;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Commercial concurrence: Article 40 of the Criminal Act;