logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.01.28 2018고단425
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, 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 August 23, 2012, the Defendant driven under the influence of alcohol at Jeju District Court as a fine of two million won for a violation of the Road Traffic Act (driving) and on August 22, 2017, the Defendant driven under the influence of alcohol at 0.09% of alcohol level.

‘' was issued a summary order of KRW 3 million for the same crime in the same court on November 27, 2017, respectively.

On October 2, 2017, at around 13:51, the Defendant driven a FM7 vehicle under the influence of alcohol concentration of 0.218% without a car driver’s license in the section of approximately 1km from the C store in Jeju to the E division in Jeju. D.

As a result, the defendant has been driving a motor vehicle without a driver's license even though he has violated the prohibition of driving a motor vehicle twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. The driver's license ledger;

1. On-site and photographs of drinking;

1. Previous records of judgment: Application of criminal history records, investigation reports (former records and reports) and 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. 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 (i.e., the reflection of the fact and the fact that it does not cause personal or physical damage);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

arrow