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(영문) 제주지방법원 2017.09.21 2017고단837
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 6, 2007, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (drinking driving) in the support of the Sugwon method of Sugwon on February 6, 2007. On November 7, 2008, the same court was sentenced to a suspended sentence of KRW 6 months for the same offense, etc., and on September 13, 2012, the Defendant was sentenced to a suspended sentence of KRW 1 year for imprisonment with prison labor for the same offense, etc. at the Jeju District Court.

On April 6, 2017, while under the influence of alcohol content of 0.208% among blood transfusions, the Defendant driven a volume C rocketing car with approximately KRW 500 meters from the front of the “Unan Entertainment entertainment shop” to the 8-lane parking lot of the same city at the center of Jeju-ro 11, a day from the front of the “Unan Entertainment shop” to the 8-lane parking lot at the same city.

Accordingly, even though the Defendant had a driving power at least twice per week, he again driven a motor vehicle while under the influence of alcohol.

On July 20, 2017, the Defendant driven a 50-meter D 1917-meter D 100-meter D 100-meter D 20-meter D 100-meter D 20-meter D 200-meter 200-meter 30,000, without a vehicle driver's license on July 20, 201.

Summary of Evidence

"2017 Highest 837"

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

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

1. References to inquiries, such as criminal history, and investigation reports (formers and confirmations) "2017 Seniors 1917";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are all considered, but the following circumstances should be taken into account in particular: A favorable circumstance: (a) the fact that it is against good condition; (b) the fact that it is necessary to support the aged; and (c) the circumstances unfavorable to the point that it is necessary to support the aged: a crime of violating the Road Traffic Act.

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