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(영문) 제주지방법원 2019.01.07 2018고단987
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Jeju District Court on August 12, 201, committed a violation of the Road Traffic Act (driving) in the Jeju District Court, issued a summary order of KRW 4 million, and on July 22, 2016, issued a fine of KRW 5 million to a summary order of KRW 5 million in the same court on July 22, 201, respectively, on two or more occasions.

On April 17, 2018, at around 13:15, the Defendant, without a driver’s license, driven a DNA car with approximately 10k alcohol concentration of 0.071% under the influence of alcohol in the section of about 10k from Seopo City B through C in the front of the same city.

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. Inquiry reports and investigation reports, including criminal records, and the application of 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 alternative imprisonment with prison labor (to consider that there are many persons who have been punished for driving without obtaining a license, and that a person continues to drive without obtaining a license after revocation of a driver's license in 2011, etc.);

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of gender, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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