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(영문) 제주지방법원 2018.11.12 2018고단2300
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 21, 2013, the Defendant was sentenced to one year of the suspension of the execution of imprisonment for eight months at the Jeju District Court on August 21, 2013 due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving), and on November 6, 2014, the Defendant was sentenced to two years of the suspension of the execution of eight months due to a violation of the Road Traffic Act (non-licensed driving) or a violation of the Road Traffic Act (non-licensed driving). On November 16, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act (non-licensed driving) or one year of a violation of the Road Traffic Act (non-licensed driving) and completed the execution of the sentence at the Jeju District Court on November 15, 2017.

On July 15, 2018, around 15:30 on the roads near Jeju-si, the Defendant driven a DNA car with alcohol content of about 30km in the section near Jeju-dong from Jeju-si to the road near Jeju-si, without obtaining a driver's license, and driving a DNA car with alcohol content of about 0.110% in blood.

As a result, the Defendant, who violated the prohibition of drinking at least twice, moved a motor vehicle under the influence of alcohol again, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger (A);

1. References to inquiries, such as criminal history, investigation reports (Attachment to such previous decisions, etc.), and application of Acts and subordinate statutes on personal confinement status;

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. The Defendant, as stated in the first head of the judgment, committed each of the instant crimes, even though he was sentenced to imprisonment for one year due to drinking, driving without a license, as stated in Article 35 of the Criminal Act for aggravated repeated crimes, during the period of repeated crimes.

The defendant is punished 14 times only after 2000 for driving under drinking or non-licenseing under the influence of alcohol (the defendant shall be sentenced to imprisonment with labor among them).

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