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(영문) 제주지방법원 2018.08.28 2018고단755
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 16, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On September 16, 2009, the Defendant was issued a summary order of KRW 500,000 for the same crime in the same court. On June 9, 2015, the Defendant was issued a summary order of KRW 6 million for the same crime.

[2] On March 27, 2018, the Defendant, without a driver’s license of a motor vehicle on March 27, 2018, driven a E-Ra vehicle while under the influence of alcohol content of about 0.113% from the 70-meter section to the “J cafeteria” road located in G in Jeju City without a driver’s license of a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Registers of driver's licenses: Cancellation;

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 suspended execution;

1. The defendant's reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant has been subject to four times or more due to drinking or non-licensed driving since 2009, and the crime of repeating the crime is not weak.

However, the sentencing conditions, such as the defendant's recognition of and reflects on the crime, alcohol concentration during blood at the time of the crime, the background of the crime, and other circumstances, such as the defendant's age, environment, and circumstances after the crime, shall be determined as ordered.

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