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(영문) 제주지방법원 2017.07.21 2017고단929
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On June 3, 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, and a summary order of KRW 4 million from the same court on July 16, 2010 to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act.

On May 10, 2013, the defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act by the same court, and the judgment became final and conclusive on May 21, 2013.

On March 22, 2017, the Defendant driven CK7 car under the influence of alcohol level of about 0.297% at the 1km section to the road located 200 meters away from the 1km road of the gas station in front of the oil station in the Dong, which is moving on the day-to-day 01:44 on March 22, 2017.

On May 22, 2017, the Defendant driven Ck7 car under the influence of alcohol concentration of about 0.093% without a vehicle driver's license on the section of about 35km to the front road of the 241-1, Seopo-si, Seopo-si, Seopo-si, the neighboring Do of the residence located in Seopo-si, Seopo-si, Seopo-si, 05:40 on May 22, 2017.

Summary of Evidence

"2017 Highest 929"

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver of the main place of business, and statement of the alcohol concentration in blood;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to the judgment of convictions on driving the same kind of drinking as the suspect), 2017 Heights 1418;

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Road Traffic Act in cases of 1418 highest order of 2017 and the crimes of violating the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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