beta
(영문) 제주지방법원 2019.03.15 2019고단137

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On October 28, 2008, the Defendant issued a summary order of 2 million won for a fine for a violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on May 16, 201, a summary order of 2 million won for a violation of the Road Traffic Act (driving) at the Hongwon District Court's Hongsung branch on May 16, 201, and on April 24, 201, the Jeju District Court issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving without a license) at the Jeju District Court's Jeju District Court on April 24, 201, and on July 21, 2017, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Road Traffic Act (driving without a license) at the Jeju District Court's Jeju District Court's Jeju District Court on July 21, 201, which became final and conclusive on December 15, 2017.

On September 27, 2018, without obtaining a driver's license at around 15:25, the Defendant driven a DNA motor vehicle at a section of about 25 km from the roads near Seopo City B in Seopo City to the roads front of Seopopo City C bus stops in Seopo City under the influence of alcohol of 0.090%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each statement of the suspect interrogation protocol prepared by the public prosecutor on the accused;

1. Each statement of the report on the state of driving under driving under the police preparation, the results of the control of drinking driving, the inquiry into the results of the control of drinking driving, the register of driver's licenses, the statement of the circumstances of drinking drivers, the investigation report, and the notification of the results of the control of drinking driving;

1. For each previous offense: Application of Acts and subordinate statutes concerning criminal records prepared by the police, investigation reports on the preparation of prosecution records (including attachment of previous records and court records, etc.);

1. Unlicensed driving under the pertinent legal provision on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Article 148-2 (1) 1 and Article 44 (1) 1 of the Road Traffic Act (Act No. 10790);