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(영문) 제주지방법원 2019.09.25 2019고단692
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. The Defendant is a person who has received a summary order of a fine of two million won or more due to a violation of the Road Traffic Act on September 15, 2006, and a fine of three hundred and five hundred and fifty thousand won or more due to a violation of the Road Traffic Act on October 16, 2017, respectively.

At around 18:28 on July 18, 2018, the Defendant driven Frane vehicle under the influence of alcohol concentration 0.21% under the influence of alcohol without obtaining a driving license to Epos located in D from C cafeteria in Seopo City B.

Accordingly, the defendant, who violated the Road Traffic Act without obtaining a driver's license at least twice, was driving a motor vehicle under the influence of alcohol again.

2. A motor vehicle owner violating the Guarantee of Automobile Accident Compensation Act is prohibited from operating a motor vehicle on a road which is not covered by mandatory insurance, but the defendant is the owner of the motor vehicle and operated the motor vehicle without mandatory insurance at the aforementioned time and place.

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. Mandatory insurance policies;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 148-2 (1) 1, Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act (driving of Drinking) and the crimes of violation of the Road Traffic Act (Unlicensed Driving);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.

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