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(영문) 제주지방법원 2018.12.21 2018고단1188
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 24, 2007, the Defendant was issued a summary order of 1.5 million won for a violation of road traffic laws (driving alcohol), etc. by the Cheongju District Court. On July 19, 2010, the Defendant was issued a summary order of 2.5 million won for a violation of road traffic laws (driving alcohol). On August 24, 2015, the Defendant was issued a summary order of 5 million won for the same crime by the same court. On April 25, 2018, the Defendant was issued a summary order of 5 million won for a violation of road traffic laws at the Jeju District Court. The Defendant was sentenced to imprisonment for 6 months for a violation of road traffic laws (unlicensed driving) and 2 years for a suspended sentence.

5.3. The judgment became final and conclusive.

[2] On April 18, 2018, the Defendant driven B QM5 car under the influence of alcohol content of approximately 0.089% without a vehicle driver’s license from approximately 600 meters to the road front of the same city-type hotel located in the same city-type 1 Dong, Ga, Jeju City-do 07:42 on April 18, 2018

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Involving the ledger of driver's licenses, vehicle registered inquiries, and mandatory insurance (A);

1. Inquiry into the partnership of the main office;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (Attachment to the judgment, etc. of the same kind of criminal suspect), and application of Acts and subordinate statutes to report on investigation (verification of facts of deadly

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, was that the Defendant re-offending the Defendant, even though he had been subject to four times or more due to drinking or non-licensed driving since 2002, and the Defendant was a situation before the date of sentence after being tried for non-licensed driving.

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