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(영문) 제주지방법원 2018.11.13 2018고단988
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

On April 20, 2018, the Defendant driven Cpoter cargo under the influence of alcohol content of about 0.258% from the 2km section to the high speed tourism, in the condition of under the influence of alcohol content of about 190% from the day before the Hancheon apartment located on the 07:30 Jeju-si 68 Incheon-ro, Jeju-do. However, from the day before the 2km apartment to the day before the high speed tourism, the Defendant driven Cpoter cargo under the influence of alcohol level of about 190%.

On August 18, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act (drinking) at the Jeju District Court on August 18, 2016. On May 10, 2018, the Defendant was prosecuted for the same crime at the same court.

[Criminal facts] On July 12, 2018, the Defendant driven Cpoter cargo under the influence of alcohol content of about 0.189% without obtaining a driver’s license from around the roads near the construction site of the “Esk-do, Han-gu, Jeju-do, Jeju-do, Jeju-do, to the roads near the construction site of the “Esk-do,” to the 75km-dong, Jeju-si, Jeju-si, the Defendant driven Cpoter cargo without obtaining a driver’s license.

Summary of Evidence

"2018 Highest 988"

1. Statement by the defendant in court;

1. The circumstantial statement report of a driver of a driving school and inquiry report of the results of crackdown on drinking driving. "207 Gool 208 Gool";

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an accident scene photograph;

1. Investigation report (any reason why it is impossible to affix the signature and seal of the consenters to the collection of blood), relevant photographs, and a statement of alcohol alcohol during blood transfusion;

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, the Jeju-do Prosecutor 2018 Maz. 10305 Maz. 2018 Maz. Maz. 2016 Maz. 2016 Maz. Maz. 1043

1. As to the criminal facts of Article 148-2(2)1 and Article 44(1) of the Road Traffic Act (the drinking alcohol driving on April 20, 2018), and the case of Article 148-2(1)1 of the Road Traffic Act against the defendant under Article 148-2(1)1 of the Road Traffic Act, in a case where the court acknowledged the defendant guilty of the criminal facts of drinking, as a result of the court's examination on the case of Article 148-2(1)1 of the Road Traffic Act, so long as the defendant is found guilty of the criminal facts of drinking, the same court constitutes "a person who has violated Article 44(1) of the Road Traffic Act (the prohibition under the influence of alcohol) twice or more."

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