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(영문) 제주지방법원 2020.01.17 2019고단2526

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On February 23, 201, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on February 23, 201, a summary order of KRW 1.5 million for the same crime in the same court on December 9, 2011, a summary order of KRW 1.5 million for the same crime in the same court on April 3, 201, and a summary order of KRW 5 million for the same crime in the same court on April 3, 2014, respectively, and on September 30, 2014, the same court was sentenced to a two-year suspended sentence for imprisonment for a violation of the Road Traffic Act (Driving without a license).

② On April 19, 2019, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Road Traffic Act (Non-licensed Driving) in the method of deemed Jeju on April 19, 2019, and the judgment becomes final and conclusive on April 27, 2019, and is currently under probation.

[criminal facts] On November 5, 2019, the Defendant, without obtaining a driver's license on a vehicle driving on a date 0.063% or more of blood alcohol level, was driving a vehicle at approximately 2 km in front of the Seopo-si B apartment in Seopo-si, Seopo-si, Seopo-si, and violated Article 44(1) or (2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the public prosecutor;

1. Statement of the circumstantial statement of a driver taken-off in police preparation, investigation report, investigation report, inquiry into the results of the crackdown on drunk driving, the register of driver's licenses for automobiles, and the register of vehicle loaded meetings; and

1. Previous records: Application of Acts and subordinate statutes to each statement (including attached documents), such as a statement of inquiry into police preparation, each investigation report prepared by the prosecution (such as a report of the fixed date of suspension of execution of punishment / Attachment of the suspect A and a copy of judgment, etc.);

1. When a person drives a motor vehicle without obtaining a license among the acts as stated in the pertinent legal provisions concerning criminal facts: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act: Article 148-2 (1) and Article 44 (1) of the Road Traffic Act;

1. Each of the crimes indicated in the ordinary concurrence of crimes: