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(영문) 제주지방법원 2013.08.21 2013고단828
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On January 30, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving), etc. at the Jeju District Court, and the judgment became final and conclusive. On December 10, 2012, the Defendant was charged with the Jeju District Court on January 14, 2013, and was sentenced to a fine of four million won on May 17, 2013, and the judgment became final and conclusive around that time.

At around 19:20 on March 14, 2013, the Defendant, without a driver’s license, driven a DNA cruise with a blood alcohol level of 0.109% under the influence of alcohol level from the front of the Japanese Contracting State located in the Sluri Island to the luxa in the front of the luxan City, Jeju-si.

2. In operating D-cruiba at the time and time specified in paragraph (1), when a motor vehicle owner dies or gets injured by another person due to the operation of a motor vehicle, or when another person’s property is destroyed or damaged, the motor vehicle owner shall subscribe to liability insurance, liability deduction, and other mutual aid to pay the amount prescribed by the Presidential Decree. However, the defendant, while he/she was not liable, operated the front road of the Japanese pharmacy, which is located in the Ssiba of the Gu-Eup at the time of Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Transverse inquiry (D);

1. The ledger of driver's licenses;

1. Mandatory insurance policies;

1. Previous records of judgment: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, three copies, and application of Acts and subordinate statutes to investigation reports (attached to judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (a point of operating an insurance without obtaining a license);

1.Article 40 of the Criminal Code of Trade and Trade.

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