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(영문) 제주지방법원 2019.01.21 2018고단2634

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 9, 2018, the Defendant was sentenced to imprisonment with prison labor for one year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Jeju District Court on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on July 17, 2018.

On October 16, 2018, at around 20:44, the Defendant driven a c cafeteria located in Jeju City B with a blood alcohol concentration of 0.321% without obtaining a driver’s license, from around 300 meters to the front road of the E-care center located in D in the same city.

As a result, the Defendant was driving a motor vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.2% without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as stated in the first head of the judgment, the Defendant was sentenced to a suspended sentence of two years and probation, etc. on July 9, 2018, by committing the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury), the Road Traffic Act (unauthorized Measures after Accidents), and the crime of violating the Road Traffic Act (Unlicensed Driving).

Nevertheless, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.321% during the period of the suspended execution, which is three months after the date of the above suspended execution.

On January 16, 2017, the Defendant was under the influence of alcohol 0.114% in blood alcohol concentration, and was issued a summary order of KRW 3 million on April 3, 2017.

In addition, in 2000, a fine of one million won was imposed due to drinking driving.

A suspended sentence for violating the Act on the Aggravated Punishment, etc. of Specific Crimes shall be sentenced.