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(영문) 제주지방법원 2018.05.04 2018고단13
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 11, 2007, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag, and on November 5, 2014, the Jeju District Court issued a summary order of KRW 5 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act.

[2] On December 14, 2017, at around 20:10, the Defendant driven Bone Star Cargo under the influence of alcohol content of about 0.095% in alcohol without obtaining a driver’s license from around about 2km to the front road of the ticket life sports center in Seopo City, Seopo City, Seopo City, 399, from the cross-scopic Scopic Scopic Scopic Scopic Party near the Scopic City, Seopo City, Seopo City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger (A);

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, (A), 2007 Gowon District Court Decision 934, Jeju District Court Decision 2014 High Court Decision 1348 Acts and subordinate statutes applied;

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 suspended execution;

1. Even though the defendant's reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures have been subject to punishment three times due to drinking driving since 2002, the defendant's crime is not less light.

However, in consideration of the fact that the defendant is against the crime of this case and all other circumstances, such as the defendant's age, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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