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(영문) 제주지방법원 2018.06.20 2017고단2987
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On May 18, 2015, the Defendant received a summary order of KRW 3 million from the Jeju District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving). On July 25, 2016, the same court received a summary order of KRW 4 million from a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving).

[2] On October 19, 2017, around 01:45, the Defendant driven a BM7 car in the state of alcohol alcohol concentration of about 3 km from around 01:00 to around the south of the Do located in the Do in Jeju-si, Jeju-si, without a driver’s license, at approximately 0.152% of alcohol concentration in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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 regarding the order to provide community service and attend lectures is that the alcohol concentration in blood is high at the time of the instant crime.

The defendant repeats the crime of drinking and unlicensed driving within a short period as stated in its reasoning.

In addition, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as per the order after considering all the circumstances.

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