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(영문) 제주지방법원 2018.11.28 2017고단1962

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

[criminal history] On August 1, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court, and the summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gwangju District Court on January 21, 201.

[Criminal facts] On June 29, 2017, the Defendant driven B Mt Motor Vehicle under the influence of alcohol with approximately 0.091% alcohol level 0.091% at the section of about 10km from the 10km away from the roads near the Gamba-ri, Yon-si, Jeju-si, to the roads near the Gamba-dong, Jeju-si, Jeju-do.

As a result, the Defendant, who violated the prohibition of drinking at least twice, driving a motor vehicle in the state of drinking again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger (A);

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, and the application of Acts and subordinate statutes reporting the results of investigation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (Article 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no criminal history of the same kind exceeding a fine and that there is no personal damage);