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(영문) 제주지방법원 2019.10.10 2019고단1366
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on February 10, 2017, and a fine of KRW 3.5 million for the same crime at the same court on June 29, 2017, respectively, and on August 14, 2018, the Defendant was sentenced to imprisonment for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and completed the execution of the sentence on April 18, 2019.

1. Around June 7, 2019, the Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) without obtaining a driver’s license in a section of approximately 200 meters from the 200-meter range to E in Jeju Island D, and driving a F Ttibl vehicle under the influence of alcohol with a blood alcohol concentration of 0.136%.

Therefore, even though the defendant was punished twice due to drinking driving, he again driven a motor vehicle under the influence of alcohol.

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 operated a passenger car specified in Paragraph 1, which was not covered by mandatory insurance at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions by drivers, notification on the violation of the Road Traffic Act (non-licensed driving), report on the situation of drivers, report on the status of drivers, driver's licenses, car driving register, vehicle accident inquiry, mandatory insurance, information and inquiry on non-insurance operations, and information on non-insurance operations;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Punishment;

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