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(영문) 제주지방법원 2020.12.17 2020고단2277
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On August 7, 2014, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the Changwon District Court's smuggling support on August 7, 2014.

1. Around 13:00 on August 18, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) by driving a motor vehicle 49C occ in large forest, without obtaining a driver’s license, for about about 300 meters from the road near C in Seopopopo City B to the front intersection in Seopopo City D, Seopopo City (hereinafter referred to as Seopopo City) and without obtaining a driver’s license for driving a motor vehicle 49C occ. to drive a motor vehicle occ.

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

Nevertheless, the Defendant driven an erroneous part of Paragraph 1, which was not covered by mandatory insurance at the time and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Mandatory insurance associations, reports on the occurrence of traffic accidents, accident site photographs, traffic accident reports, ledger of driver's licenses, inquiry into the results of the control of drinking and driving, reports on the actual state of drinking drivers, and reports on the actual state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (The following sentencing grounds are repeated).

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