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(영문) 제주지방법원 2018.06.20 2017고단2128

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 July 2, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Jeju District Court, etc. On June 3, 201, the Defendant was sentenced to a suspended sentence of 6 months, including a suspended sentence of 5 months for the same crime. On June 3, 2011, the Defendant was sentenced to a suspended sentence of 4 months for a violation of road traffic laws (non-licensed driving) at the same court on August 25, 2010, seven non-licensed driving power including a suspended sentence of 2 years for a violation of road traffic laws.

[Criminal facts]

1. On July 3, 2017, the Defendant was under the influence of alcohol of 0.058% in blood without a driver’s license on July 23, 2017, the Defendant driving, from the gold agro-industrial complex located in the Geum-si, Jeju-si, a gold-si, to the road front of the future energy in the Jeju-si, the Jeju-si, the Han-si, in which the Defendant had been under the influence of alcohol of 0.05% in blood.

Therefore, even though the Defendant violated the prohibition of driving in driving at least twice, he also driven a motor vehicle while under the influence of alcohol without a driver's license.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is a holder of B Poter freight.

No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.

Nevertheless, the Defendant, around July 3, 2017, operated the B Poter Cargo, which was not covered by mandatory insurance on the Jeju energy front road located in the Korea Forest Eup, Jeju-do, Jeju-do, Jeju-do. On July 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger (A);

1. Inquiry into mandatory insurance (B);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of drinking driving force, etc.);

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and Article 152 subparag. 1 of the Road Traffic Act.