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(영문) 제주지방법원 2016.09.30 2016고단836
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal record] On October 14, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (driving alcohol), etc. on the part of the Friwon Friwon, and on November 30, 2015, the Defendant was issued a summary order of KRW 5 million due to the same offense, etc. in the same court.

[Criminal facts] The Defendant also is a person who is engaged in driving of bareboat cargo vehicles.

1. On May 4, 2016, the Defendant violated the Road Traffic Act (drinking), the Road Traffic Act (Dless Driving), and the Road Traffic Act (Dless Driving) was under the influence of alcohol on May 4, 2016, while under the influence of 0.110% of alcohol during blood transfusion on May 19, 2016, and without the driver’s license, the Defendant was driving the said cargo at a point of 200 meters of the E-dong 200 meters away from the intersections of Jeju Tourism University (D).

Under the influence of liquor, the Defendant was unable to operate a steering and steering system at the time, and the road boundary stone and drums managed by the victim Jeju-do management business office located on the right side of the above road, and the Defendant received the road boundary stone and drums in front of the driver’s freight vehicle.

Accordingly, the Defendant damaged the above road boundary stone and guardstones by negligence in the course of performing his duties, which amounted to KRW 1,694,690.

2. The Defendant, in violation of the Guarantee of Automobile Compensation for Damages, is also the owner of a cargo-to-face.

The Defendant, at the same time and place as mentioned in the preceding paragraph, operated the bareboat cargo vehicle that was not covered by liability insurance as mentioned above.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. A traffic accident report;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (a summary attachment of an order) by statutes;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2(1)1 and Article 44(1) of the Road Traffic Act (the point of drinking) and Article 152 subparag. 1 of the Road Traffic Act.

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