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(영문) 제주지방법원 2017.05.24 2017고단486

도로교통법위반(음주운전)등

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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

[criminal history] On March 20, 2007, the Defendant was sentenced to a fine of one million won due to a violation of road traffic laws at the Jeju District Court on March 20, 2007, and was sentenced to a fine of 1.5 million won due to the same crime in the same court on March 18, 2009, and was sentenced to a fine of 1.5 million won due to the same crime in the same court on March 18, 2009.

[2] On February 16, 2017, the Defendant was under the influence of alcohol content of 0.102% during blood transfusion around 04:55, and without obtaining a driver’s license, driving a motor vehicle with approximately 13 km-C high freight vehicle up to 100 km in front of the local police unit located in Seopo-si in Seopo-si, Seopo-si.

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;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to a summary order with respect to suspect drinking or non-licensed previous records);

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 Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 201);

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

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;