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(영문) 제주지방법원 2017.12.22 2017고단2014
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 December 9, 2014, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 4,00,000 as a fine for the same crime in the same court on December 28, 2016.

[2] On July 1, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on July 1, 2017, driven a CA-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-

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. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (a report attaching a summary order to the same type of power);

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 grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend lectures, shall be determined as follows:

The favorable circumstances: Recognizing the crime, reflecting the fact that the person has committed the crime, and there is no record of criminal punishment heavier than the fine: A state of drinking without a license even though the driver's license was revoked due to the driving of drinking, and the alcohol concentration is very high at the time of the instant case, and recidivism has not been more than seven months since the date of the final driving of drinking, and the circumstances, age, family relationship, and environment after the crime.

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