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(영문) 제주지방법원 2018.05.30 2017고단2674
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 July 19, 2012, the Defendant received a summary order of KRW 7 million from the Jeju District Court to a fine of KRW 1,000 due to a violation of road traffic laws (drinking), and on December 8, 2016, the same court issued a summary order of KRW 5 million due to a violation of road traffic laws (drinking).

[2] On August 30, 2017, the Defendant driven a Cschton car under the influence of alcohol content of about 0.082% in blood without a driver’s license from the section of about 800 meters from the front of the Nean apartment apartment in the direction of the Jeju City, which is located in the Do-ro 17th of Jeju City, to the Do-ro 17th of the Do-ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (formers and attachment of summary order) and statutes;

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, including the previous conviction in the judgment of the defendant, has been punished several times due to drinking driving, driving a drinking again even though he/she had the record of causing a traffic accident while driving a drinking, re-driving a drinking again after the driver's license was revoked, re-offending on June 17, 2017 after the driver's license was revoked, and the Defendant's age, details of the crime, circumstances after the crime, family relationship, environment, etc. shall be determined as per the order.

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