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(영문) 제주지방법원 2019.02.14 2018고단1412
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 31, 2013, the Defendant was sentenced to a fine of KRW 1.5 million in the Jeju District Court as a crime of violation of the Road Traffic Act (driving). On December 17, 2015, the Defendant was sentenced to a fine of KRW 2 million in the above court as a crime of violation of the Road Traffic Act (driving). On January 16, 2018, the Defendant was sentenced to a fine of KRW 8 million in the above court.

On June 21, 2018, at around 01:10, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.178% without a car driver’s license, and the Defendant driven a F Kanche vehicle at approximately 400 meters from the front of the “C” restaurant in Jeju City B to the front of the E hotel located in Jeju City D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, various conditions of sentencing specified in the instant argument shall be considered in consideration of the following circumstances, in particular, given the following circumstances: (a) the favorable circumstances: (b) the mother and child are in the course of dementia; (c) the fact that the person was punished four times by a fine due to the same kind of crime; (d) the fact that the person committed each of the instant crimes; (e) the blood alcohol content high; and (e) the fact that the person was sentenced to a fine of eight million won due to a drunk driving on January 16, 2018; and (e) the fact that the person committed a second offense for five months

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