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(영문) 제주지방법원 2017.01.16 2016고단2667

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 6, 2016, the Defendant driven BIT 100 Obaba at approximately 300 meters from the 300-meter section from the 1300-meter radius to the front day of the Haba, Kim Inn-dong in Jeju Island, while under the influence of alcohol with 0.102 percent of alcohol during blood without a driver’s license on November 13:30, 2016.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of BITI100 Laos objection.

No automobile which is not covered by mandatory insurance shall be operated on a road.

Nevertheless, the Defendant, at the same time and at the same place, operated the above CITI100 Oba, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, a statement in the circumstances of the driver of drinking alcohol, and a statement of control details;

1. Application of Acts and subordinate statutes to vehicle inquiries, driver's license registers, and mandatory insurance inquiries;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (2) of the Guarantee of Automobile Compensation Act;

1. Standing concurrence and choice of a sentence: Articles 40 and 50 of the Criminal Act (limited to the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act and the Road Traffic Act). Selection of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lower limit shall be the punishment determined for the crimes of violation of traffic laws on roads, and those determined for such crimes];

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

Conditions unfavorable to the reasons for sentencing: Two times before and after the same offense ( ① a fine of KRW 500,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000