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(영문) 제주지방법원 2018.10.15 2018고단2035
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 29, 2006, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act by the Jeju District Court on the violation of the Road Traffic Act. On March 17, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Jeju District Court on June 20, 2018, and was sentenced to a suspended sentence of two years for an appellate trial.

1. On May 30, 2017, the Defendant driven a fran vehicle with alcohol content of 0.093% under the influence of alcohol without obtaining a driver’s license from the Do near “C Borrowing”, the Defendant’s residence in Seopopo City B, to the road near “E” located in Seopo City, Seopopo City.

2. On February 8, 2018, the Defendant driven a J cargo vehicle under the influence of alcohol content of 0.067% while under the influence of alcohol without obtaining the driver’s license from the Do near “H” located in Seopo-si G to the road near “I church” located in Seopo-si G, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and application of statutes on investigation reports (Attachment to suspect-related judgments, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of each sentence of imprisonment;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act and the order to provide community service and attend lectures shall be considered in consideration of all the various sentencing conditions specified in the instant pleadings, and in particular, the following circumstances shall be taken into account: The unfavorable circumstances: (a) drive under the influence of alcohol on May 30, 2017; (b) drive under the influence of alcohol again on February 8, 2018, six months, six months, and the driver’s license of motor vehicles was revoked in 2006.

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