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(영문) 제주지방법원 2018.10.12 2018고단885

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2018, the Defendant driven B Poter cargo without a driver’s license at a section of about 5 km from the Gu cultural blade to the front road of the Donam-dong in Jeju-do to the Donam-dong, from around 00:30 on April 13, 2018, while under the influence of alcohol content of 0.141% while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the following: (a) the Defendant had been punished several times for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act as a crime of violation of Road Traffic Act or a crime of violation of Road Traffic Act; (b) the Defendant re-offending the same, despite the fact that the Defendant had been punished several times; (c) the degree of alcohol content during the blood transfusion at the time of the instant case; and (d) the Defendant’s age, sex, environment, and circumstances after the commission of the crime, etc., the sentence