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(영문) 제주지방법원 2013.09.25 2013고단822

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 3, 2011, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Jeju District Court. On August 22, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

On June 10, 2013, at around 21:40, the Defendant driven Cunstun vehicle under the influence of alcohol concentration of about 0.178% without obtaining a driver’s license from the 1km section to the 1km-dong Handong-dong roads.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of enforcement manuals and driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to residents¡¯ inquiry and criminal records, investigation reports (limited to attachment of previous records of suspension of execution of punishment, and filing of copies of the same military records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of alternative imprisonment with labor (to be sentenced in consideration of the fact that the defendant is under the suspension of the execution for the same kind of crime, and that the defendant is under the suspension of the execution of imprisonment with labor for the same kind of crime on May 3, 2011 and scrapped his/her vehicle under his/her own name on February 10, 2012, but he/she acquired the ownership of his/her vehicle without obtaining the driver's license on February 10, 201, and that the blood alcohol concentration at the