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(영문) 제주지방법원 2016.07.15 2016고단895
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

1. On August 23, 2007, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license), the Jeju District Court rendered a summary order of KRW 1.5 million for the crimes of violating the Road Traffic Act, etc. on June 26, 2014, the summary order of KRW 3 million for the same offense, etc. in the same court on June 26, 2014, and the same court issued a summary order of KRW 8 million for the same offense, etc. on December 4, 2015, respectively, on which the Defendant was punished for the violation of Article 44(1) of the Road Traffic Act on more than two occasions.

On April 28, 2016, around 19:40, the Defendant driven a 49c calob in the state of alcohol without a motor device license for the portion of approximately 300 meters from the front of the 'Choju' road located in the Singu-Eup, Jeju-si, to the front road of the Sejong High School located in the same Ri at that time. The Defendant driven a 49c calb in the state of under the influence of alcohol for about 0.200% without a motor device bicycle license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act, as a person holding the foregoing unregistered 49cc., and operated an automobile which was not covered by mandatory insurance as above at the time of the foregoing day.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Violation of the ledger of driver's licenses and the Automobile Management Act (registered error);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving skills under drinking not less than twice);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act to observe protection and attend lectures;

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