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(영문) 제주지방법원 2018.01.18 2017고단2006

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 August 30, 2006, the Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on March 10, 2016, and a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on March 18, 2016.

On July 26, 2017, the Defendant driven a D vehicle under the influence of alcohol content of 0.053% while under the influence of alcohol without a driver’s license, from the front of the Defendant’s residence in Jeju City, to the front of the “AS golf club” located in the north-ro 186 in the same city north-ro.

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;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to a copy of a summary order) statute;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend school and taking into account all the various conditions of sentencing specified in the argument in the instant case, and in particular, the following circumstances shall be taken into account. The favorable circumstances: (a) reflects the foregoing; (b) appears to have been controlled on the working route of the preceding day; (c) alcohol concentration in blood is not high; (d) raising minor children; (b) there is no record of committing an offense subject to punishment beyond a fine: The fact that a person repeats the offense even after having been punished three times due to drinking; and (c)