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(영문) 제주지방법원 2017.11.16 2017고단1160
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 30, 2002, the Defendant issued, at the Jeju District Court, a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act; on June 2, 2015, the same court issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act; on June 9, 2016, a summary order of KRW 3 million for a crime of violating the Road Traffic Act; on May 10, 2017, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

On March 29, 2017, the Defendant, without a driver’s license, driven a Csch Rexton car at approximately 900 meters section from the front of GS convenience store located in Seopo City 16, Seopo City, Seopo City 87, Seopo City Do 16, while under the influence of alcohol content 0.105% in blood around 14:05 on March 29, 2017.

On May 12, 2017, the Defendant violated Article 44(1) of the Road Traffic Act at least twice, and once again drive C vehicles in the section of approximately 200 meters from the front side of the Dong-dong Hong-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, with a alcohol content of at least 0.163% under the influence of alcohol at around 15:12 on May 12, 2017, in violation of paragraph (1) of the same Article.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at each week and report on the situation of the driver at each week; and

1. The ledger of driver's licenses of each motor vehicle;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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 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, such as the observation of protection and order to attend lectures, and the hearing of this case.

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