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(영문) 제주지방법원 2018.03.08 2017고단2248
도로교통법위반(음주운전)등
Text

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

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

The Defendant is a person who, at the Jeju District Court on May 9, 2007, violated a fine of 700,000 won due to a violation of the Road Traffic Act, a summary order of 70,000 won due to the same crime in the same court on October 20, 208, and a summary order of 2 million won due to the same crime in the same court on October 6, 2015, by receiving a fine of 7 million won or more due to the same crime in the same court on February 6, 2015.

On August 16, 2017, at around 09:05, the Defendant driven a d SM5-car from the 2km apartment parking lot located in Jeju-ro 8-lane 20, south-ro, Jeju-do, without a driver's license, with a alcohol content of 0.110% in alcohol during blood, to the front road in the same city building-dong.

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 drinking driving;

1. The driver's license ledger;

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

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 imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the course and taking into account all the various sentencing conditions specified in the argument of the instant case, and in particular, the following circumstances should be taken into account: The appearance of reflectivity, the disposal of vehicles, and the circumstances unfavorable to the treatment of depression: A re-offending even if having been punished three times or more by drinking alcohol.

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