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(영문) 제주지방법원 2021.01.14 2020고단2591

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2014, the Defendant issued a summary order of KRW 2,50,00,000 by Jeju District Court on October 2, 2014 due to a violation of Road Traffic Act (drinking), etc., and on December 7, 2018, the Jeju District Court issued a summary order of KRW 5 million due to a violation of Road Traffic Act (drinking).

1. On July 1, 2020, the Defendant driving a vehicle in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) without obtaining a driver’s license on around 23:06 on July 1, 2020, the Defendant driven the E New 49cc Austria in a section of about 180 meters from the C side alley of the blood alcohol concentration of 0.243% at Seopopo City B while under the influence of alcohol during his/her blood, to the front road of the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the E New T&T 49C Oral, owned by the Defendant, who did not subscribe to mandatory insurance at the same time and place as above.

On October 2, 2014, the Defendant issued a summary order of KRW 2.5 million at the Jeju District Court to a fine of KRW 2.5 million due to a crime of violating road traffic laws (drinking), and on December 7, 2018, the Jeju District Court issued a summary order of KRW 5 million due to a crime of violating road traffic laws (drinking).

1. On August 16, 2020, the Defendant was under the influence of alcohol 0.180% of alcohol while driving ENEW 49 OCC under the influence of alcohol without obtaining a bicycle license from around 500 meters in a section near the Defendant’s residence located in Seopopo City F to the front road of “H” located in G in the same city, from around 22:10 on August 16, 2020.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and operated a motor bicycle without a motor device bicycle license.

2. No vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;