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(영문) 제주지방법원 2017.05.18 2017고단404
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2009, the Defendant was sentenced to a fine of three million won in the Jeju District Court for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving), and on November 27, 2009, by imprisonment with prison labor for the same crime and two years in the same court.

On January 17, 2017, around 00:59, the Defendant driven C 125cc Austria under the influence of alcohol concentration of approximately 0.079% while under the influence of alcohol without a motor driver’s license from approximately 1.5 km section to the front road of the Shae Sha shop, from the entrance side of the Eastern market, which is located in the one-dong-dong-dong-dong, at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driving of a brewing engineer;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (formers and copies of the decisions attached thereto) and statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including all of the conditions for various sentencing specified in the argument of the instant case on the grounds for sentencing and observation of protection and attending lectures, but in particular, taking into account the following circumstances into account: Contrary circumstances: A person who reflects himself/herself, and a person who does not commit the same kind of crime for the last five years: A person who was already punished several times but

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