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(영문) 제주지방법원 2020.02.06 2019고단2482

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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 August 28, 2006, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act, and on November 27, 2019, the Defendant was sentenced to a suspended sentence of two years for imprisonment for a violation of the Road Traffic Act (driving). The judgment became final and conclusive on December 5, 2019.

On October 19, 2019, at around 00:14, the Defendant driven, without a car driver’s license, B, while under the influence of alcohol of 0.127%, the freight vehicle with approximately 300 meters from the place where the Plaintiff’s address was located in the Han-si, Han-gu, Han-do, Jeju-ro, an Eup, to the 5546 large-scale forest.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of the driver without a license, investigation report (report on the status of the driver without a license), investigation report, inquiry report on the status of the driver without a license, report on the status of the driver without a license, report on the status of the driver without a license, relevant photograph, investigation report (as regards the situation at the time of leaving the site),

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, summary orders, application of Acts and subordinate statutes and a copy of judgment;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a state unfavorable to the defendant, who committed the crime of this case on the ground of an order to attend a lecture or an order to provide community service without a license, and the crime of this case was committed not only before the case was committed but also after the judgment was rendered for a final and conclusive criminal facts.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the crime of violation of the Road Traffic Act, which became final and conclusive, are mutual ex post facto.