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(영문) 제주지방법원 2018.05.04 2017고단2544
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 June 10, 201, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and on December 29, 201, the same court received a summary order of KRW 3 million from a fine for a violation of the Road Traffic Act.

around 18:50 on September 17, 2017, the Defendant driven Bi30 automobiles while under the influence of alcohol level of about 0.074% at the front of the entrance of the atmosphere of the 2km-si, Seogpo-si, Seopo-si, Seopo-si, Seopo-si, with approximately 3km to the front of the entrance of the atmosphere in the Seopo-Eup, Seopo-si.

around 23:08 on December 1, 2017, the Defendant driven a Belgium car at the section of about 5 km from Jeju viewing to new Jeju located in the new line as Jeju, while under the influence of alcohol content of 0.105% during blood without a driver’s license.

Summary of Evidence

"2017 Highest 2544"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and an investigation report (report on confirmation of the same type of evidence), 2018 order 162;

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same type of force);

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 Concurrent Crimes (only between the crimes of violating the Traffic Act on December 1, 2017 and the crimes of violating the Traffic Act on the Road (Libageing) and the traffic Act on the road);

1. Selection of each sentence of imprisonment;

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 criminal records are included in the judgment of the accused with the reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend lectures.

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