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(영문) 제주지방법원 2018.04.06 2018고단224
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 January 18, 2018, at around 01:53, the Defendant driven a Chive-p motor vehicle under the influence of alcohol content of at least 0.141% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 2 km from around the Jeju-si to the front road of the Han forest charging station located in 5467 each other in Jeju-si.

Summary of Evidence

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 (A);

1. Application of Acts and subordinate statutes to a report on investigation (investigation into driving distance, etc.);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was sentenced to a fine due to drinking or driving without a license, repeated several times, and the alcohol concentration in the blood was high at the time of the instant crime.

However, in light of the fact that the final records of the Defendant’s punishment for driving prior to drinking or driving without a license in the instant case are about 2004, and other various circumstances, such as the Defendant’s age, environment, and circumstances after the commission of the crime, the sentence as ordered shall be determined.

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