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(영문) 제주지방법원 2020.09.09 2020고단1761
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a suspended sentence of two years at the Jeju District Court on March 18, 2020 for a violation of the Road Traffic Act, etc.

【Criminal Facts】

1. Around 00:40 on June 30, 2020, the Defendant driven a F SM3 car under the influence of alcohol level 0.110% while under the influence of alcohol level 0.110% from the parking lot “Cma” in Jeju-si B without a driver’s license to the front road of “E shooting distance” located in Jeju-si D without a driver’s license.

As a result, the Defendant driven a motor vehicle under the influence of alcohol without a driver's license, in violation of the prohibition of drunk driving more than twice.

2. The defendant of a violation of the Road Traffic Act shall not leave without permission things on the road, which might impede traffic, as described in paragraph (1) above, as a person engaged in driving service of FSM3 automobiles, and no person shall leave such things on the road;

As stated in paragraph (1), while the Defendant was placed in the direction of “Gu Eup/Myeon office” in the direction of “Gu Eup/Myeon office” in accordance with one lane prior to the “E shooting distance” in the city of Jeju at the same time as set forth in paragraph (1), the Defendant left the front part of the said vehicle, which was set up at the right edge of the direction, and left away from the front part of the said vehicle, and left the said vehicle at the site, while leaving the front part of the said vehicle at the right edge.

By doing so, the defendant laid away things on the road which could interfere with traffic without permission.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. An accident site photograph;

1. Previous records of judgment: The application of criminal records, inquiry records, and statutes attached to judgment records of drinking driving;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime (the point of driving under the influence of sound);

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