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(영문) 제주지방법원 2017.07.20 2017고단708

도로교통법위반(음주운전)

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2007, the Defendant issued a summary order of KRW 2 million to a fine of KRW 2 million by the Jeju District Court for a violation of Road Traffic Act (drinking) at the Jeju District Court on June 26, 2007, and on May 2, 2014, a fine of KRW 5 million by the same court as the same crime.

On March 5, 2017, the Defendant driven a car with approximately KRW 200-meter C low-speed from the roads near the elbow apartment in the elb in Jeju-do to the above apartment parking lot even in the state of alcohol of KRW 0.138% of alcohol content among blood transfusion around 22:40.

As a result, the Defendant, even though the driving power of the week was twice again, has driven a motor vehicle while under the influence of alcohol.

On May 24, 2017, the Defendant driven a vehicle of approximately 300 meters in the volume C from the Jeju-si apartment parking lot to the front road of the Asia-si, Jeju-si, without a vehicle driver's license, at around 22:30 on May 24, 2017.

Summary of Evidence

"2017 Highest 708"

1. Statement by the defendant in court;

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

1. Notification of the results of the control of drinking driving "2017 Highest 1409";

1. Statement by the defendant in court;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning criminal facts, Articles 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the selection of imprisonment for a prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend a school and taking into account all the various conditions of sentencing specified in the argument of the instant case. In particular, the following circumstances should be taken into account: A favorable circumstance: (i) the degree of reflectivity; and (ii) the fact that there is no criminal record of being punished in excess of a fine due to a violation of the Road Traffic Act (driving). There are two instances of violations