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(영문) 제주지방법원 2018.05.30 2017고단2643
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On March 28, 2016, the Defendant was issued a summary order of a fine of two million won by the Jeju District Court for a violation of Road Traffic Act (driving).

[Criminal facts]

1. On October 3, 2017, the Defendant: (a) driven a vehicle of KRW 2 km from the street in front of the Seopo-dong Hong-dong Municipal apartment to Seopo-si Hong Dong Hong-dong Hong-dong, without a driver’s license, while under the influence of alcohol on October 18:25, 2017; (b) the Defendant violated the Road Traffic Act and the Road Traffic Act (a non-licensed driving).

2. The defendant who has violated the guarantee of automobile damage compensation shall not operate any motor vehicle on the road as the owner of the Cost Starsch Rexroth, nor any motor vehicle which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the said C Costaex vehicle, which was not covered by mandatory insurance, at the same time, at the same time, at the same place as the above 1. paragraph, as the above 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. The circumstantial report on the driving of a brewing engineer;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A survey report on actual conditions;

1. An inquiry into the enemy and mandatory insurance;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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 (2) of the Guarantee of Automobile Compensation Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the same Act concerning the driving of a motor vehicle under mandatory insurance;

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 suspension of execution (including the reflective fact and the fact that there is no record of crime exceeding the fine);

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