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(영문) 제주지방법원 2018.12.10 2018고단991
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 6, 2009, the Defendant was sentenced to a summary order of KRW 1 million due to a crime of violating road traffic laws at the Jeju District Court, and on October 10, 2016, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution.

1. On March 17, 2018, the Defendant driven CCA 110 Orala under the influence of alcohol concentration of 0.224% in alcohol during blood without obtaining a bicycle license from a motor device license on the unclaimed section of the road from March 17, 2018 to a road near the 61-lane 61 at the same time at the same time from the singing end of the road to the 61-lane 26-day.

As a result, the defendant has violated the prohibition of drinking twice or more, and once again, he has driven a motor bicycle without obtaining a motor device bicycle license while drunk in violation of the above provision.

2. The Defendant in violation of the Guarantee of Automobile Compensation Act is the owner of CCA110 Obane.

The Defendant operated the above Oral Ba, which was not covered by mandatory insurance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

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 a crime (the point of driving under drinking), 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 Compensation Act (the point of failing to subscribe to mandatory insurance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (limited to the crimes of violating the Road Traffic Act);

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 stay of execution [the defendant shall drink and drink.]

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