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(영문) 제주지방법원 2016.12.21 2016고단1505
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On November 12, 2013, the Defendant was sentenced to a suspension of the execution of one year by imprisonment with prison labor for a violation of the Road Traffic Act, etc. by the Chuncheon District Court on November 12, 2013, and was sentenced to a fine of three million won by the Jeju District Court on August 17, 2016.

On April 14, 2016, around 13:03, the Defendant driven a motor vehicle in front of D in Jeju, with blood alcohol concentration of 0.220%, without obtaining a driving license, in a state of under the influence of alcohol concentration of 0.220%.

around 14:00 on August 2, 2016, the Defendant driven an E rocketing car without obtaining a driver’s license from around 274 10 m2,000 m274 m274 m2 to the front road of the 100 m2 m20 m20 m20 m2, from the front road of the 299 Seopo-gu, Seopo-gu, Seopo-gu, Seopo-si.

Summary of Evidence

"2016 Highest 1505"

1. Legal statement of witness F;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, inquiry into the results of the control of drinking;

1. 112 reported case handling table;

1. Registers of driver's licenses;

1. A written statement;

1. A report on investigation (verification as to whether it is a road) and related photographs;

1. For previous convictions as indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and investigation reports (verification of records of driving the same kind of motor vehicle under the influence of alcohol);

1. Defendant's legal statement;

1. The criminal place;

1. Written statements and related photographs;

1. Investigation report (Listening to the G of the shots);

1. In the case of the 2016 Highest 1505 Highest 2016 Highest 1505, the Defendant asserted that the Defendant did not have to drive under the influence of alcohol since he had a alcohol after driving without a license. However, according to the evidence as seen earlier, the Defendant’s assertion that the Defendant had already been under the influence of alcohol at the time of driving after driving is recognized. Thus, the Defendant’s assertion cannot

Application of Statutes

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1 and 44 (1) 3 of the Road Traffic Act;

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