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(영문) 제주지방법원 2019.10.23 2018고단1493

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

[criminal power] On April 3, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 15, 2012, a summary order of KRW 2.5 million to a fine for the same crime at the Seoul East East District Court on May 15, 2012, and a summary order of KRW 5 million from the Suwon District Court on March 7, 2018 to a fine of KRW 5 million for the same crime, respectively, and violated Article 44(1) of the Road Traffic Act on three occasions.

【Criminal Facts】

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act twice or more, once again, driven a DNA car under the influence of alcohol concentration of 0.166% without a vehicle driver’s license on the roads front of the Cju station located in Pyeongtaek-si B around 23:20 on April 25, 2018.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the actual state of a driver, investigation report (report on the actual state of a driver), driver’s license register, nation and report on the results of appraisal;

1. Previous records of judgment: Criminal records, references to criminal records, previous records of dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports (reports on confirmation of the same kind of power, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018 and enforced March 28, 2019; hereinafter the same shall apply), Article 152 (1) and Article 43 of the former Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;