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(영문) 제주지방법원 2019.07.11 2018고단1252

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 2, 2008, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1,000,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on December 15, 2016 to a fine of KRW 1,00,000 as an identical crime, respectively.

On January 30, 2018, at around 21:36, the Defendant driven a Cren motor vehicle not covered by mandatory insurance without obtaining a driver's license in a section of approximately 33 km of blood alcohol concentration at approximately 0.122%, even before Seopo-si, Seopo-si, Seopo-si.

"2018 Highest 3026"

1. Around October 10:18, 2018, the Defendant driven the said vehicle at a section of about 6km from the front of the Drown-si, Seopo-si without obtaining a driver’s license, to the said Drown-si, the point of the accident and the Erhpo-si, Seopo-si, and then, to the said Drown-si road.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, at around 10:18 on October 3, 2018, the Defendant operated the said vehicle not covered by mandatory insurance in the section specified in paragraph (3).

Summary of Evidence

"2018 Highest 1252"

1. Defendant's legal statement;

1. Report on the situation of driving under drinking, inquiry into the results of the control of drinking driving, notification on the results of the control of drinking driving, report on the situation of drinking drivers, investigation report, vehicle driving certificate, vehicle driving register, vehicle accident inquiry, and mandatory insurance association;

1. For previous records of judgment: Criminal records, etc. inquiry reports, each inquiry report on the control of drinking driving, and the same records, etc.;

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on the register of driver's licenses, chassis, and mandatory insurance;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); and each Road Traffic Act.