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(영문) 제주지방법원 2018.02.07 2017고단2394

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

[criminal history] On January 23, 2017, the Defendant was punished for the same crime, including a fine of KRW 1.5 million, for a violation of road traffic law (unlicensed driving) at the Jeju District Court on February 23, 2017, two times. On January 15, 2015, the same court was punished for the same crime including a fine of KRW 3 million due to a violation of road traffic law (driving driving).

[Criminal facts] On August 24, 2017, the Defendant driven CM3 vehicles owned by CM3 vehicles owned by B, the quantity of which is about 1km from the vicinity of Et in Jeju Nowon-gu to the gas station in Seoul, while under the influence of alcohol of 0.147% during blood without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of a copy of summary order;

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. Article 62 (1) of the Criminal Act on the Suspension of Execution (a) provides opportunities to support and lodge in mind a family in society, taking into account the following circumstances: (a) the defendant, who has been punished once a suspended sentence of imprisonment for a crime of the same kind in the past, and four times a fine is imposed; and (b) the nature of the crime is very bad, reflects, and does not cause any particular personal or material damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;