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(영문) 제주지방법원 2017.09.13 2017고단1235
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On July 31, 2009, the Defendant was sentenced to a fine of KRW 500,000 to a violation of road traffic laws (drinking driving) at the Jeju District Court on July 3, 2012, a fine of KRW 2.5 million to a violation of road traffic laws (drinking driving) at the Jeju District Court on July 3, 2012, and a fine of KRW 3 million to a violation of road traffic laws at the Jeju District Court on July 20, 2015.

[Criminal facts] On May 1, 201, the Defendant driven a B-car level under the influence of alcohol with about 300 meters alcohol level 0.082% in blood without a vehicle driver’s license from the front of the S Central Hospital in the Jeju-dong around May 1, 2017 to the front road of the “S Central Hospital” in the same city in the same city.

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. Report on the circumstances of driving without a license, and the ledger of driver's licenses (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of 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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr.

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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