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(영문) 제주지방법원 2020.12.18 2020고단2066
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On April 28, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 00:55 on August 10, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a cchip vehicle at a section of about 1km from the 1km to the new intersection located in the same Ri as that in the West-si Bpanion (coastal road) in the state of under the influence of alcohol by 0.07%.

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Damage Compensation Insurance Act shall be operated on any road;

The defendant operated a Crane car which is not covered by mandatory insurance at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Report on internal investigation prepared by the police (as to whether a police officer is obligated to purchase a suspected vehicle or not);

1. Entry in the circumstantial statement, investigation report, and report on detection of a host driver prepared by the police; and

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report (verification of criminal records of the same kind of suspect) into the preparation of a prosecutor;

1. Article 1 of the Act on the Guarantee of Automobile Accident Compensation and Article 1 of the Decision on the Selection of Punishment: Article 148-2 (1) and the main sentence of Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020): Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violation of the Road Traffic Act with heavier punishment) among concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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