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(영문) 제주지방법원 2018.01.11 2017고단1737
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On July 25, 2008, the Defendant was sentenced to suspension of indictment due to a violation of road traffic law at the branch office of the Daegu District Public Prosecutor's Office on the grounds of the violation of road traffic law, and on December 17, 2012, the Daegu District Public Prosecutor's Office issued a summary order of KRW 3 million due to a crime of violation of road traffic law at the branch office of the Daegu District Public Prosecutor's Office on the grounds that Article 44 (1) of the Road Traffic Act was violated at least twice.

On May 5, 2017, the Defendant: (a) driven a “red red table” road located under the Manpo-Eup, Seopo-si, Seopo-si, Seopo-si; (b) around that time, from around 1km to the front road in front of the 1st parallel road located under the same Eup/Myeon; (c) while under the influence of alcohol concentration of about 0.089% during blood without a driver’s license, the Defendant driven a BS-W-man car 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;

1. References to inquiries, such as criminal history, printed materials as a result of the inquiry of the criminal judicial information system, and the application of statutes on summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including all of the various sentencing conditions specified in the argument of the instant case, on the condition that the punishment is imposed, in particular, taking into account the following circumstances into account. The favorable circumstances: The Defendant committed each of the instant crimes even when he/she was punished several times due to drinking or non-licensed driving.

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