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(영문) 제주지방법원 2016.09.08 2016고단1073

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

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

1. Around 21:30 on February 19, 2016, the Defendant driven a B LV car without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.153% from the section of about 5 km to the road front before the end of the congratium located in the Yando-Eup, Yan-si, Yan-si.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a BL car.

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

Nevertheless, the defendant operated the car without mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the situation of driving without a license, and inquiry into the results of the control of driving without a license;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 2, Articles 44 (1), 152 subparagraph 1, and 43 of the Road Traffic Act concerning criminal facts, Article 48-2 (2) 2, Article 44 (1) of the same Act, Article 152 subparagraph 1, and the main sentence of Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those for violation of the Road Traffic Act at the time of marketing);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished twice for drinking driving prior to the instant crime, and in particular, the immediately preceding crime was ordered by the summary order as of December 4, 2015, but only four months thereafter.