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(영문) 제주지방법원 2018.07.11 2017고단3427
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On September 19, 2008, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court for a violation of the Road Traffic Act (driving). On November 4, 2014, the Defendant was issued a summary order of KRW 4 million by the same court as the same crime. On April 28, 2016, the same court was sentenced to a fine of KRW 7 million by the same court as a crime of violation of the Road Traffic Act (driving) and a crime of violation of the Road Traffic Act (licensed driving).

[2] On October 11, 2017, at around 03:10, the Defendant driven a B-A-di vehicle under the influence of alcohol concentration of 0.208% in blood without a driver’s license from around 300 meters to the Seoul Gas Station located in Jeju-si in 283, the day from the spring black swine front to the 200m-si of Jeju-si.

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 ledger of each driver's licenses;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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 suspension of execution (Considering the fact that it is against the law, the fact that there is no record of crime exceeding the fine, and the fact that there is no personal damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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