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(영문) 제주지방법원 2016.11.02 2016고단1592
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 11, 2007, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on March 29, 2013, the Defendant issued a summary order of KRW 2 million for the same crime at the Ansan Branch of the Suwon District Court.

1. On July 14, 2016, the Defendant was under the influence of alcohol of 0.055% on blood alcohol level at around 20:00, the Defendant driven the 500-meter 49c motor bicycle in front of the Olympic movable in the same Ri from Jeju Bank, which is located on the top of the top of the top of the west-si, on the top of the top of the top of the west-si.

2. The Defendant violating the Guarantee of Automobile Accident Compensation Act is the owner of the above motorcycle.

The Defendant operated the above motorcycle, which was not covered by liability insurance, at the same time and place as stated in the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving a motor vehicle, inquiry into the results of the control of driving a motor vehicle, notification on the results of the control of driving a motor vehicle under influence of alcohol, report on the circumstantial records of a driver under influence of alcohol, notification on the discovery of the fact of operating a two-wheeled motor vehicle

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same criminal records);

1. Relevant legal provisions and choice of punishment concerning facts constituting a crime: Imprisonment with prison labor under Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (not less than three times), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

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