beta
(영문) 제주지방법원 2017.06.28 2017고단617

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 4, 2007, the Defendant was notified by the Jeju District Court of summary order of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and on September 24, 2013, the Defendant was notified of summary order of KRW 4 million for the same crime at the same court.

On February 8, 2017, at around 22:35, the Defendant, without a vehicle driver’s license, driven a vehicle with CW in a section of about 500 meters from the salary class restaurant in the Seopo-si, Seopo-si to the same Seopopo-si fire station.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

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