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(영문) 제주지방법원 2018.05.25 2018고단312
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

On February 1, 2018, the Defendant driven a B-wing truck under the influence of alcohol content of about 0.129% without a driver’s license, in a section of about 1km from the front of the “Dongmun market” to the front road of the “Newsan Park” located in 2 dong in Jeju Island 14:20, a 20-ro, Jeju City At Jeju, to the front road of the “Newsan Park” located in 2 dong-ro, Jeju.

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. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Criminal Act, even though he/she was sentenced to a fine due to drinking or driving without a license, the defendant's crime is not less light.

However, in light of the fact that the final records of the Defendant’s punishment for driving under the previous drinking alcohol or driving without a license in the instant case are 2005, and all other circumstances, such as the Defendant’s age, environment, and circumstances after the commission of the crime, the punishment as set forth in the text shall be determined.

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