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(영문) 제주지방법원 2013.09.25 2013고단1032
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 28, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court. On August 24, 2011, the same court was sentenced to a fine of 4 million won for the same crime. On December 6, 2012, the same court was sentenced to a suspended sentence of 6 months for the same crime, and the judgment became final and conclusive on December 14, 2012.

【Criminal Facts】

Although the Defendant had driven a motor vehicle twice or more, on July 6, 2013, at around 00:20, the Defendant driven a motor vehicle with C low alcohol level of about 0.207% in the section of about 1km from the Jeju-dong Jeju-dong viewing parking lot to the front road of the same day from July 6, 2013 without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statement of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving by A of a suspect);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. The reason for sentencing of alternative sentence of imprisonment is that the defendant has been punished several times due to drinking driving, driving under the influence of alcohol, etc., driving under his/her name while being sentenced to a suspended sentence of imprisonment due to drinking, etc., driving under the influence of alcohol, driving under his/her own name during the suspended sentence. The blood alcohol concentration at the time was 0.207% higher, and the defendant did not have any reason to avoid driving (food and drinking after drinking), but the defendant supports his/her mother when determining the sentence.

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