logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.09.19 2018고단514
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 4 million by the same court as the same crime on January 5, 2016 at the Jeju District Court on May 21, 2013.

[2] On February 8, 2018, at around 15:35, the Defendant driven a body car with approximately 1m D at the front of the “C cafeteria” in Jeju City, while under the influence of alcohol of 0.14% during blood without a driver’s license.

Accordingly, the defendant has been driving a motor vehicle without a driver's license in the state of being drunk even though he has violated the prohibition of driving in the state of liquor twice.

around 09:30 on June 13, 2018, the Defendant driven a body car from approximately 1 KM to D on the front side of the entrance of the “Anthy beach” in this subparagraph 1 Dong 1665-13 at Jeju, without a driver’s license, to the front day of the “F” located in the same city E.

Summary of Evidence

"2018 Highest 514"

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. On-site photographs of a traffic accident;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A), investigation report (verification of previous records), 2018 Heights 1549;

1. Statement by the defendant in court;

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

1. The application of the laws and subordinate statutes of Section D;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (including the reflective fact, and the fact that there is no damage to personnel management due to the crimes committed in this case);

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

arrow