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(영문) 제주지방법원 2018.05.18 2017고단2761

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

Reasons

Punishment of the crime

On October 17, 2017, at around 23:08, the Defendant driven a car with Bwn mountain click in the state of alcohol alcohol concentration of about 0.171% under the influence of alcohol without obtaining a driver’s license from around 300 meters from the front of spring black pigs to the front of the Seoul oil station in the Nohm-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions concerning facts constituting an offense: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment with prison labor;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to provide community service and order to attend a school: The reason for sentencing under Article 62-2 of the Criminal Act is high in alcohol content in the blood at the time of the instant case, and the Defendant was punished by a fine for a violation of the Road Traffic Act around 2016, and re-offending within a short period, despite the driver's license was revoked at that time, and other circumstances constituting the condition for sentencing, such as the Defendant's age, environment, and circumstances after the crime, etc., shall be determined as ordered by the disposition.