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(영문) 제주지방법원 2018.06.27 2017고단3060
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 23, 2008, the Defendant was sentenced to a suspended sentence of 4 months for a violation of road traffic law in the Daejeon District Court's support on May 23, 2008. On May 20, 2010, the Defendant was sentenced to a summary order of 2 million won for a violation of road traffic law at the Daejeon District Court's Daejeon District Court.

On November 4, 2017, the Defendant, around 04:17, operated CK7 cars under the influence of alcohol content of about 2km from around 04:29% in alcohol to the front of Jeju-si 18-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-si

On January 17, 2018, the Defendant driven CK7 car owned by the Defendant in the 3km section from the gire street to the Dong town located in Jeju-si 3187, Jeju-si 3187, while under the influence of alcohol content 08:09 on January 17, 2018.

Summary of Evidence

"2017 Highest 3060"

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. Previous convictions in judgment: Written reply to inquiries, such as criminal history, Daejeon District Court Decision 2008 High Court Decision 379 High Court Decision 2008 High Court Decision 379 High Court Decision, Daejeon District Court Decision 2010 High Court Decision 6167 High Court Decision 2018 High Court Decision 795 High Court Decision;

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 Traffic Act on January 17, 2018 and the crimes of violating the Traffic Act on Road (Drinking).

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 suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures, each of the instant cases.

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