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(영문) 제주지방법원 2017.10.13 2017고단2013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 24, 2010, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on December 24, 201, and KRW 3 million for the same crime at the same court on October 26, 2015.

On July 5, 2017, the Defendant, while under the influence of alcohol level of 0.051% from blood alcohol level around 13:05, the Defendant driven, without a driver’s license, approximately KRW 400 meters from the street in front of the west of the west of the Jeju-si, the west of the Jeju-si, and from the street in front of the west of the west of the west of the west of the Jeju-si to the west of the 58 (Daon-Eup).

As a result, the defendant has been driving a motor vehicle without the driver's license even though he has violated the prohibition of driving a motor vehicle twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report ( drinking and confirmation of non-licenseed previous convictions);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 include not only two times or two years of punishment due to drinking, such as the previous conviction in the judgment, but also the Defendant was punished due to drinking even around 2001, and also has been punished due to driving without a license in 2015 (the date of driving under drinking in September 6, 2015 as indicated in the judgment, and the revocation date of the driver’s license for a motor vehicle is October 24, 2015; the date of revoking the driver’s license for a motor vehicle in 2015 is November 28, 2015). Moreover, the Defendant was issued a summary order on February 8, 2017 with no license for a person who was issued on February 8, 2017.

In other words, this is.

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