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(영문) 제주지방법원 2013.11.27 2013고단1252
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2007, the Defendant was sentenced to 4 months of imprisonment and 2 years of suspended execution as a crime of violation of the Road Traffic Act at the Jeju District Court. On February 6, 2013, the Defendant was sentenced to a fine of 7 million won as a crime of violation of the Road Traffic Act at the Jeju District Court.

On July 8, 2013, the Defendant, without obtaining a driver’s license, driven approximately 1 km from the Jeju-si where the Defendant was under the influence of alcohol 0.216% of alcohol level, starting from the Jeju-si where the Defendant was under the influence of alcohol level 0.216% of alcohol level, and driving approximately 1 km from the Jeju-do, where the Defendant was under the influence of alcohol level 01:50 on July 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor as a matter of choice of punishment (the defendant, at the Jeju District Court on February 6, 2013, issued a summary order for the same crime at the time of the instant case in which long years have not yet passed since he/she was ordered to do so, and considering the fact that blood alcohol level reaches 0.216%);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) that reflects the depth of the case and states in the investigative agency that the defendant will not drive under drinking again, and the detention of the defendant could bring an excessive economic difficulty to his/

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