(영문) 제주지방법원 2019.10.18 2019고단1404

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(영문) 제주지방법원 2019.10.18 2019고단1404

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 23, 2018, the Defendant issued a summary order of KRW 5 million at the Jeju District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving on May 17, 2019) at the same court on May 17, 2019, and at least twice the record of drinking driving.

【Criminal Facts】

On July 6, 2019, at around 03:04, the Defendant driven a fa-purd vehicle with a alcohol level of about 1.4m alcohol level without obtaining a driver's license from the front of the C convenience store located in Jeju Island, to the front of the Eccer specialty store in D, and without obtaining a driver's license, at approximately 1.4m section, and at least 0.207% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the status of a drinking driver, inquiry into the results of the crackdown on drinking, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are three times; (c) the personal records of the defendant are significant; and (d) the defendant's age, character and conduct, environment, means and consequence of the crime; and (c) the various sentencing conditions as shown in the records and arguments

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