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(영문) 제주지방법원 2017.10.26 2017고단1282

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 13, 2005, the Defendant was sentenced to a fine of KRW 700,00 to a fine of KRW 100,000 for a violation of the Road Traffic Act (driving) at the Jeju District Court on April 19, 2007, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on November 14, 2007, and a violation of the Road Traffic Act (non-licensed driving) at the same court on November 14, 2007, for four months of imprisonment and two years of suspended execution, and a fine of KRW 5 million for the same crime at the same court on July 11, 2008; and on April 26, 2012 at the same court on April 21, 2012, a fine of KRW 5 million for a violation of the Road Traffic Act at the same court on the same offense; and on February 21, 2013, a fine of KRW 30,005.

On April 23, 2017, at around 20:57, the Defendant driven Cone Starex in the state of alcohol alcohol content of approximately 0.086% without a driver’s license, from around 300 meters away from the front of the Future Convention Center, which is in the movement of Jeju at Jeju to the front of the waiting car industry in the same Dong.

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. Application of Acts and subordinate statutes to inquiry, such as criminal history, report on investigation (Attachment to the previous, summary order and copy of the judgment);

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. Reasons for imposing the alternative sentence of imprisonment with prison labor are all specified in the argument of this case, and the following conditions should be considered in particular: The favorable circumstances: the defendant supports the wife and the elderly mother; the defendant's health is not good; the defendant reflects the defendant; the defendant's wife is against his family member; the defendant's wife is against his family member; the record of punishment for drinking driving is five times.