logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.06.11 2017고단2836
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 4, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Jeju District Court on July 4, 2008, and was sentenced to a fine of 2 million won for the same crime in the same court on March 9, 2017.

On June 23, 2017, the Defendant, without obtaining a driver's license of a motor vehicle on 01:15, driven a coo motor vehicle at the main point in which the alcohol level is 0.187% in the blood alcohol level from Jeju-si Corning, to the Amond hotel with approximately 100 meters in 12-gil as it is in the same city.

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. A written appraisal of alcohol among bloods;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the course and taking into account all the various sentencing conditions specified in the argument of the instant case. In particular, the following circumstances should be taken into account: The unfavorable circumstances: The Defendant committed each of the instant crimes even if he/she was punished three times due to drinking driving, and the blood alcohol concentration is high.

arrow