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(영문) 제주지방법원 2017.04.12 2017고단348
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a summary order of 2.5 million won for a crime of violating road traffic laws at the Jeju District Court on June 23, 2008, and on February 6, 2013, the same court was sentenced to a one-year suspended sentence of imprisonment for the same crime, and on November 24, 2016, the defendant was sentenced to a two-year suspended sentence of 10 months for the same crime at the Changwon District Court on November 24, 2016, and the judgment became final and conclusive on December 2, 2016.

[2] On December 3, 2016, the Defendant: (a) driven a motor vehicle from the roads near Seopo-dong, Seopo-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 74-19, Seopo-si, Seopo-si, Seopo-si, to the road outside about 30km of the ecological forest, without obtaining a driver’s license; and (b) driven a motor vehicle under the influence of alcohol with about 0.207% alcohol concentration in blood while under the influence of alcohol.

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. Report on the occurrence of a traffic accident;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. on the same kind of force);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. On December 3, 2016, the Defendant: (a) was sentenced to a suspended sentence of imprisonment due to a non-exclusive license for drinking alcohol driving in around 2008; (b) on November 24, 2016, the Defendant was sentenced to a suspended sentence of imprisonment due to a non-exclusive license for drinking alcohol driving; and (c) on December 24, 2016, the judgment became final and conclusive on December 2, 2016, and the period of the suspended sentence begins, the Defendant once again carried out a non-exclusive license for drinking alcohol driving on December 3, 2016, which is next day.

The alcohol concentration is 0.207% high among the bloods found by drinking driving at once.

The defendant's attitude of law and order can be seen by these series of crimes.

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