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(영문) 제주지방법원 2018.11.14 2018고단1394
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 26, 2004, the Defendant was sentenced to a fine of KRW 2 million by the Jeju District Court for a crime of violation of road traffic law (driving), and a fine of KRW 3 million by the Jeju District Court for a crime of violation of road traffic law (driving), on April 28, 2011, and on August 8, 201, a fine of KRW 3 million by the Jeju District Court for a crime of violation of road traffic law (driving under influence).

[2] On June 15, 2018, at around 02:25, the Defendant driven a Maz car under the influence of alcohol level 0.173% from the section of about 2 km to the public parking lot adjacent to the “VIPS” 5-gil 71-2 in Jeju, which is linked to Jeju city without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to previous judgments);

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 62 (1) of the Criminal Act on the suspension of execution ( Taking into account the reflection of the fact, the fact that there is no past record of the same kind of crime exceeding the fine, and the fact that there is no personal damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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