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(영문) 제주지방법원 2018.08.08 2018고단451
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 200,000 won.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 6, 2017, the Defendant driven B cargo without obtaining a driver’s license, while under the influence of alcohol content of 0.131%, from a Do located in Seogpo-si, Seopo-si, Seopo-si, Seopo-si, Annpo-si, Seopo-si, Seopo-si, to the roads adjacent to the Agricultural Cooperative Distribution Center for Seopo-si, Seopo-si.

2. On December 6, 2017, the Defendant violated the Road Traffic Act: (a) driven a B truck as indicated in paragraph (1) around December 16, 2017; and (b) made a left-hand turn from the right-hand turn from the right-hand edge to the hacker scale, the Defendant did not provide the victim with personal information, even though the Defendant damaged the part on the left-hand edge of the Dbenz’s car stopped pursuant to subparagraph 1 of the suspension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on traffic accident reports, on-site and accident vehicle photographs, and internal investigation reports (related to the confirmation of visual images);

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 156 subparagraph 10, and Article 54 (1) 2 of the Road Traffic Act (the point of failing to provide personal information);

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

1. Selection of punishment: Imprisonment with prison labor for a crime of violating the Road Traffic Act and the selection of fines for a crime of violating the Road Traffic Act;

1. Aggravation of concurrent crimes: The former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation and community service order: Article 62-2 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the blood alcohol concentration at the time of the instant case is high.

The defendant's driver's license was revoked due to drinking in 2001.

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