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(영문) 제주지방법원 2018.12.19 2018고단782

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 22, 2011, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic laws at the Jung-gu District Court on December 22, 201, and was sentenced to a violation of road traffic laws at the Jeju District Court on January 12, 2017 and completed the execution of the sentence at the Jeonju Prison on June 8, 2017.

[2] On March 19, 2018, the Defendant: (a) without a driver’s license on March 19, 2018, while under the influence of approximately 0.06% of alcohol in blood from around 400 meters around the Defendant’s dwelling place in Jeju-si to the D Mart road in C, the Defendant planned to drive the E New-si car and XG car without a driver’s license.

As a result, the Defendant violated the prohibition regulations on driving at home not less than twice and driven a motor vehicle while under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. The driver's license ledger (A);

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, to each investigation report (A), and to the same Act and subordinate statutes;

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. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant has been sentenced to imprisonment five times with prison labor due to drinking alcohol or non-licensed driving, etc. in the past, and that the defendant committed the crime of driving under drinking and non-licensed driving of this case despite the past criminal records of having been punished four times of fines, and that the nature of the crime is bad, and that the defendant commits the same crime during the period of repeated crime after release, it is inevitable to sentence the sentence to the defendant.

In determining the sentence, the defendant is against the defendant and the drinking driving.