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(영문) 제주지방법원 2020.11.05 2020고단2111

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 May 19, 2015, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million to a fine in the same court on June 10, 2019.

At around 06:30 on August 10, 2020, the Defendant driven a FLWC220d car without obtaining a driver’s license from the front of the C cafeteria in Jeju City, to the E-ray in the same city as D, while under the influence of alcohol concentration of about 0.177% without obtaining a driver’s license.

As a result, the Defendant, without obtaining a driver's license, has violated the duty of prohibition of driving at the same time under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (referred to as “driving, without a license”), reporting on the free driving of a driver, reporting on the free driving of a driver, reporting on the actual status of a driver driving, investigation report, on-site photographs, investigation report (referred to as “on-site driving,” and the register of driver’s licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is committed under the influence of alcohol without a license, and is disadvantageous to the defendant, such as the fact that the crime was committed under the influence of alcohol, the fact that the nature of the crime is not good, the fact that the state of drinking is very heavy, and the defendant has been punished for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving).

However, the defendant.