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(영문) 제주지방법원 2017.12.13 2017고단2011
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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] The defendant was sentenced to a fine of KRW 2 million by the Jeju District Court on November 7, 2008, and a fine of KRW 5 million by the Jeju District Court on March 10, 2016 due to a crime of violation of Road Traffic Act (driving).

[2] On July 23, 2017, around 10:41, the Defendant driven a D car while under the influence of alcohol level of 0.079% from the 20km section without a driver’s license to the front road of the entrance of the “advanced Science Complex” located in the same city/355 high-tech from the Defendant’s residential area in Jeju City to the front road of the “advanced Science Complex” located in the same city/Do.

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: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments);

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. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55(1)3 (see, e.g., Supreme Court Decision 2009Da12488, Apr. 1,

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated consideration);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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