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(영문) 제주지방법원 2017.11.28 2017고단2698

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 April 15, 2009, the Defendant issued, at the Busan District Court, a summary order of KRW 1 million for a crime of violating the Road Traffic Act, a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Jeju District Court on August 29, 2013, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jeju District Court on August 29, 201, and a summary order of KRW 6 million for a crime of violating the Road Traffic Act at the same court on October 6, 2014, respectively.

On July 24, 2017, at around 19:30, the Defendant driven B Poter cargo under the influence of alcohol content of about 0.059% without a driver’s license, at approximately 5km section from the front day of the 19:30, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the front day of the 19:30, Seopo-si, Seopo-si, Seopo-si, and the entrance and exit of the poter in charge of the accounting of the Mapo-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous one and a copy of the judgment);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. The driving of a motor vehicle again was punished three times or more as before the judgment on the grounds of sentencing in Article 62-2 of the Criminal Act, and the driving of a motor vehicle at the same time even after the driver's license was revoked in 2013, and the period and details of punishment, enforcement period, Defendant's age, sexual conduct, environment, circumstance, circumstances after the crime, etc. of this case shall be determined as ordered by taking into account various sentencing conditions as shown in the argument of this case, such as the period and details of punishment, enforcement period, Defendant's age, sexual conduct, circumstances, and circumstances after the crime.