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(영문) 제주지방법원 2016.07.07 2015고단1155
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 20, 2007, the Defendant issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act at the Jeju District Court on July 31, 2012, a summary order of KRW 4 million for a violation of the Road Traffic Act (drinking driving) by the same court on July 31, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) on July 1, 2014 by the same court on July 1, 2014, and issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at least twice.

On July 30, 2015, the Defendant driven the B Poter Cargo in possession of the Defendant, who was not covered by the automobile mandatory insurance without obtaining a driver’s license from approximately 300 meters section from the day front of the daily market, located in the central road of Seopopo City, Seopo-gu, Seopo-si, to the day front of the restaurant “Bana-Gu,” located in the same city of Seopo-dong.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver;

1. Report on the circumstances of driving and control without a license;

1. A response to a request for appraisal, and a written appraisal of alcohol during blood transfusion;

1. Investigative into the driver's license ledger and mandatory insurance;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation, and application of Acts and subordinate statutes of three copies of the summary order;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between a violation of the Road Traffic Act and a violation of the Road Traffic Act (Non-licenseed Driving));

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. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount of punishment (Article 55(1)3 of the same Act has no record of criminal punishment exceeding a fine due to the crime of the same kind, and a similar case.

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