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(영문) 제주지방법원 2020.03.20 2019고단2671

도로교통법위반(음주운전)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On May 8, 2008, the defendant was issued a summary order of 1.5 million won by the Jeju District Court for the crime of violation of the Road Traffic Act (Minging-out Driving).

【Criminal Facts】

1. On September 28, 2019, the Defendant violated Article 44(1) of the Road Traffic Act by driving D GR125 cc in the section of about 1.5 meters from the 1.5km to the front of the C hospital located in Jeju-si from the Jeju-si, Jeju-si, 0.10% alcohol concentration at 0.181% under the influence of alcohol at around 23:35, the Defendant violated Article 44(1) of the Road Traffic Act by driving D GR125 cc in the section of 1.5 meters to the front of the C hospital located in Jeju-si.

2. No motor vehicle owner who has violated the Guarantee of Automobile Accident Compensation Act shall operate any motor vehicle on a road where mandatory insurance is not subscribed;

The Defendant operated DGR125 124cc c obs in the possession of the Defendant, which was not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of traffic accident-related persons prepared E;

1. Report on the occurrence of a traffic accident by police preparation, report on the situation of the driver with the driver with the driver with the driving, report on investigation (report on the circumstances of the driver with the driver with the driver with the driving), report on the traffic accident (report on the actual condition), inquiry into the car of the above Orabane, inquiry into the mandatory insurance against the above Orabane, and records on the results of the

1. All images with a related photograph and CCTV images for the control of parking and stopping;

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of the same kind of force) on the preparation of a prosecutor;

1. Article 1 of the Act on the Guarantee of Automobile Accident Compensation and the main sentence of Article 46 (2) 2 of the Road Traffic Act;

1. The sentence of the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes shall be heavier;