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(영문) 제주지방법원 2016.09.27 2016고단1636

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

[criminal history] On December 20, 2002, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating road traffic laws (drinking), etc. at the Jeju District Court, and on November 30, 2004, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating road traffic laws (drinking). On May 2, 2008, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating road traffic laws (drinking) at the same court.

[Criminal facts]

1. No person who violates the Guarantee of Automobile Accident Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, at around 10:37 on February 11, 2013, the Defendant operated B 5 B Track Track trucks without mandatory insurance on the front of the missionary mission road in front of the 1809-5 Hack Dock Dock Dock.

2. On February 11, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving the B 5-line cargo vehicle without a vehicle driver’s license within the 4km section from the Defendant’s house located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the west-si, the west-si, the west-si, the west-si, the west-5-line cargo vehicle, without a vehicle driver’s license.

3. On February 5, 2016, the Defendant was driving a Dunst Motor Vehicle under the influence of alcohol concentration of 0.157% without a vehicle driver’s license on the front of the Ga-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri’s 79, Seopo-ri-ri-ri-ri, Sungpo-si, Sungpo-si, Seopo-si, Seopo-si, Seopo-ri-ri, 57% in the direction of the road, where the Defendant was under the influence of alcohol concentration of 0.157% in blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance contracts;

1. Investigative reports (verification of details of notification disposition, etc.);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), respectively;