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(영문) 제주지방법원 2018.10.15 2018고단847

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 May 25, 2007, the Defendant was issued a summary order of KRW 700,000,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Friwon Fririwon Friwon Friwon Fri

On March 28, 2018, the Defendant driven B vehicles under the influence of alcohol content of approximately 0.136% from the section of approximately 600 meters to the front of the entrance of “mat as one of the horses” in the same Ri from the front road of the “Andoe Middle School” located in the Don- Eup in the Don-Eup in the Jeju-do, Jeju-do at around 28:20 on March 2018.

around 13:00 on June 12, 2018, the Defendant driven B car driving under the influence of alcohol concentration of about 2 km from the section of approximately 0.057% to the north side of the office in the same side of the Annuk-gu in the same side of the road where he/she is under the influence of alcohol concentration of about 0.057% from the blood alcohol level to the front side of the Rouri-gu Office in the same side of the road where he/she is under the drive of B car driving under the influence of alcohol concentration of around 2km, without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between violations of the Road Traffic Act on June 12, 2018);

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, are all taken into account, but the following circumstances should be taken into account in particular.