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(영문) 제주지방법원 2018.08.22 2018고단159

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 17, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Daejeon District Court, and on August 13, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Chungcheong District Court.

On December 31, 2017, around 20:05, the Defendant driven B cargo under the influence of alcohol level of about 0.149% without obtaining a driver’s license from the section of about 10km to the road prior to the public announcement of the Han River, located in the Han River-ro, Han River-ro, the center of Han River-ro, the center of Han River-ro, located in front of a mutually in the B-Eup, Do-Eup. In addition, the Defendant driven B truck under the influence of alcohol level of about 0.149% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

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. Data sheet of reasons for the determination of driver's license;

1. Previous convictions in judgment: Application of three copies of a written reply to inquiry, such as criminal history, report on investigation (A), confirmation of criminal records and attachment of data), and summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 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 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that it is against the law, the fact that there is no record of the same kind of crime exceeding the fine, and the fact that there is no personal damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;