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(영문) 제주지방법원 2019.07.19 2018고단2767
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 23, 2018, the Defendant, while under the influence of alcohol by 0.239% without a driver’s license of a motor vehicle on October 23, 2018, driven a F string car at approximately 700 meters from the front of the road in Jeju City B to the front of the road in Jeju City D.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as a report on the state of state of state, investigation reports (report on the state of drinking drivers), notification of the results of the control of drinking driving, field photographs,

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The defendant has a record of having been punished several times due to drinking driving, on the grounds of sentencing selective sentencing of imprisonment with prison labor.

Furthermore, even if the accident during drinking driving was sentenced to 10 months of imprisonment on April 2017 and 2 years of suspended sentence, it is again under drinking or non-licensed driving during the suspended sentence.

The accident occurred.

The level of drinking is also very high to 0.239% of blood alcohol concentration.

The sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, means and result of a crime, etc., shall be determined as ordered by considering the following factors.

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