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(영문) 제주지방법원 2018.03.21 2017고단2359
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On November 18, 201, the Defendant was sentenced to a fine of two million won for a violation of road traffic laws at the Jeju District Court on May 12, 201, and was sentenced to a fine of five million won for the same crime in the same court on May 12, 2016, and on April 7, 2017, the Defendant was sentenced to two years of imprisonment for a violation of road traffic laws at the same court on April 15, 201, and the judgment became final and conclusive on the 15th of the same month.

[2] On August 2, 2017, around 06:46, the Defendant driven C Poter 2, while under the influence of alcohol leveling 0.05% while under the influence of alcohol leveling from around 600 meters to around 0.05%, from the front of the elementary school of Samsung-ro, Samsung-ro, Samsung-ro, 22, and Samsung-Tech.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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 regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and the application of Acts and subordinate statutes to report criminal investigations (interpellations about the past criminal history

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the reflectiveness, the blood alcohol level is relatively low, and the personal damage was not caused) of the Act on the Mitigation of Small Quantity. The defendant has been punished by a fine for a violation of the Road Traffic Act (toxicated Driving) in 2011 and 2016 only after the 2000s, and there is a history of being sentenced to 8 months of imprisonment and 2 years of suspended sentence due to a violation of the Road Traffic Act (toxic Driving) and a violation of the Road Traffic Act (non-licenseing Driving) in 2017.

Nevertheless, it is not appropriate.

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