(영문) 제주지방법원 2018.07.16 2017고단3227

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(영문) 제주지방법원 2018.07.16 2017고단3227

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for 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

On November 30, 2017, at around 01:25, the Defendant driven a car with approximately 1 kilometer C low-speed car from front of the Gyeonggdaell road in Jeju-si to the upper limit of 46 in Jeju-do, as long as the Defendant was under the influence of alcohol by 0.172% during blood without a driver’s license.

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 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 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 reason for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend a lecture and taking into account all the various conditions of sentencing specified in the argument in the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the fact that there is no record of criminal punishment that exceeds the fine: the fact that a person has been sentenced to a total of three times due to drinking, driving without a license, and the fact that a person has a record of re-offending a crime despite the fact that he has been sentenced to a total of fines on three occasions due to drinking, driving without a license; the fact that a person has a record of being punished by a fine of six million

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