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(영문) 제주지방법원 2018.07.02 2017고단2951

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

Reasons

Punishment of the crime

On April 13, 2009, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on April 13, 2009, and the criminal history inquiry on June 27, 2017 was issued on July 21, 2017, but the summary order was issued on June 27, 2017. At the Jeju District Court, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

On September 8, 2017, the Defendant driven CCA 110B Orala in the state of under the influence of alcohol content of approximately 0.168% at the section of approximately 2.5 km from the section of approximately 2.5 meters to the front road of the University of Jeju, which was located in Jeju, through a cafeteria at the University of Students' Center of Jeju, which was located in 102, from the roads near Jeju City.

As a result, the Defendant violated the prohibition of drinking at least two times, driving a motor bicycle under the influence of alcohol again while driving the bicycle, and driving a motor bicycle without obtaining a motor bicycle 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. Application of an inquiry letter, such as criminal history, and an investigation report (to file such previous summary orders) Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for the sentencing of Article 62-2 of the Criminal Act, including all of the various sentencing conditions specified in the argument of this case, should be taken into account, and in particular, the following circumstances should be taken into account: A favorable circumstance: (i) the operation of a vehicle with a soil contamination, and (ii) the operation of a vehicle with a view to drinking.