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(영문) 제주지방법원 2018.02.28 2017고단2758
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 10, 2013, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court on December 10, 2013, and a summary order of KRW 5 million for the same crime at the same court on December 24, 2015.

[Criminal facts] On September 24, 2017, the Defendant driven a e-mail vehicle with alcohol content of 0.130% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from around 100 meters from the front of the house of the person who was unable to know whether it is located in Seopo City, Seopo City, Seopo-si, Seopo-si, Jeju to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order statutes;

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

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 suspension of execution (Considering the fact that it is against the law, the fact that there is no record of crime exceeding the fine, and the fact that there is no personal damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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