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(영문) 제주지방법원 2013.09.05 2012고합195
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On January 24, 2008, the defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act at the Jeju District Court, and on July 3, 2009, the same court was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act, and on September 25, 2009, the same court was sentenced to a suspended sentence of 6 months and fine of 1 million won for a violation of the Road Traffic Act, etc. at the same court on September 25, 2009, and the said judgment became final and conclusive on December 25, 2009, and the said suspended sentence was terminated on July 20, 2010.

【Criminal Facts】

1. On March 6, 2012, the Defendant, without obtaining a driver’s license on March 6, 2013, driven a Cunstun vehicle in a section of 500 meters from the Do in front of the subordinate post office in the Hai-Eup in the Do in Jeju-si, to the road located in 151 in the Eup/Myeon-ro 151 in the same Eup/Myeon.

2. On June 25, 2012, the Defendant, without obtaining a driver’s license at around 15:00 on June 25, 2012, driven the said rocketing car at the 3km section from the front of the motor vehicle inspection station located in the Jeju Island Do at the Jeju Island to the front of the high water Korean Peninsula at the Jeju Island.

Summary of Evidence

[Judgment of the court below]

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, report on the de facto statement, and the register of driver's licenses for motor vehicles (the fact that the motor vehicle is sold);

1. Police suspect interrogation protocol of the accused;

1. Report on detection of drivers, report on the circumstances of drivers, and register of drivers' licenses (each previous record on the market);

1. Investigation into criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (the date of release);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a crime, as well as Article 148-2 (1) 1 and Article 44 (1) of the same Act (the point of a driving under the influence of sound); and

1. Article 40 and Article 50 of the Criminal Code of Trade.

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