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(영문) 제주지방법원 2018.04.18 2017고단3024
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On January 9, 2009, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act at the Jeju District Court, and on December 16, 2016, the Defendant was sentenced to imprisonment with prison labor for a period of ten months for a crime of violating the Road Traffic Act (drinking). On December 24, 2016, the Defendant was under suspension of execution for a period of two years.

[Criminal facts]

1. On October 10, 2017, the Defendant, without obtaining a driver’s license around 21:40 on October 10, 2017, driven a cP car not covered by mandatory insurance from the 2km section to the 55-meter road near the bera apartment site in Jeju City, to the effic agricultural road in front of the effic agricultural village in Jeju City, on the 55-day date.

2. On November 13, 2017, the Defendant, without obtaining a vehicle driver’s license around 08:29 on November 13, 2017, driven a cam car from around 2km to the road front of the Defendant’s child located in Jeju-si, Samsung Samsung 22, in the state of under the influence of alcohol of 0.117% during blood, from the front of the Defendant’s child located in Jeju-si, while under the influence of alcohol during the influence of around 08:29 on November 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses of each motor vehicle;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. A written inquiry about the result of regulating drinking driving;

1. Mandatory insurance inquiries (20170923)

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order, etc.), summary order, sentence, sentence of judgment, previous convictions in disposition, reporting of the results of confirmation, and statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense; Article 46 (2) 2 of the Guarantee of Automobile Compensation Act; the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the operation of an automobile with no mandatory insurance); Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the operation of an automobile with no compulsory insurance);

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes are as follows.

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