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(영문) 제주지방법원 2017.09.21 2017고단1973
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On May 11, 201, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic laws at the Seoul Northern District Court on May 11, 201. On June 9, 201, the Defendant was sentenced to a suspended sentence of KRW 10 million with imprisonment for a crime of violating road traffic laws on June 9, 201, and was sentenced to a suspended sentence of two years on October 17 of the same month.

On July 3, 2017, the Defendant driven a DNA driver vehicle under the influence of alcohol concentration of about 0.226% without a driver's license in the section of approximately 2km from the commercial infinite to the roads in front of the future energy in the common infinite-ri, Han-si, Jeju-si, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. All the conditions of sentencing specified in the argument of this case for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate small quantities are considered. In particular, the following circumstances are considered: the Defendant’s health is not good, the depth is reflected, the Defendant disposes of the vehicle, the de facto spouse suffers from rare disease, the Defendant suffers from a rare disease after receiving a drug or counseling treatment after the instant crime, and the Defendant committed a second offense despite the history of punishment for a violation of the Road Traffic Act (toxicated Driving), and the violation of the Road Traffic Act (non-licenseless Driving), as stated in the first head of the judgment; the Defendant committed each of the instant crimes since it has not been sentenced to suspension of sentence, protection observation, etc. due to a violation of the Road Traffic Act (driving), and the Plaintiff’s driver’s license was revoked in around 2011, including the instant case.

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