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(영문) 제주지방법원 2018.05.18 2017고단2830
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 27, 2010, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving). On September 18, 2017, the Defendant received a summary order of KRW 3 million from the same court as the same crime.

[Inasmuch as the validity of a driver’s license was suspended from July 25, 2017 to November 1, 2017, the Defendant driven a Bsch Rexn car under the influence of alcohol content of approximately 0.060% in the section of approximately 200 meters, from September 14, 2017 to the center of Jeju-si, from September 14, 2017, on the roads near the public parking lot located in Jeju-do, Jeju-do.

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. The driver's license ledger;

1. Before judgment: Application of a written reply to inquiry, such as criminal history, and a written reply to inquiry, approximately 5684 of Jeju District Court Act, approximately 2010 of Jeju District Court Act, and approximately 243 of Jeju District Act;

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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, and the order to attend a lecture does not significantly high alcohol level in blood at the time of the instant case, but the Defendant had been punished three times due to drinking driving, including the previous conviction in the judgment, and re-offending during the suspension period of driver's license due to drinking driving, and other circumstances constituting the conditions for sentencing, such as the Defendant's age, environment, and circumstances after committing the crime, shall be determined as per the order.

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