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(영문) 제주지방법원 2018.08.29 2018고단474
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

[criminal history] On October 24, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court. On July 13, 2015, the Defendant was sentenced to a summary order of 5 million won for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court.

On January 21, 2018, the Defendant operated Csch Rexton vehicles under the influence of alcohol content of about 0.063% in approximately 200 meters from the 200-meter section to the Arad International Road near the Ara elementary school located in the Ara-dong in the Jeju-si around around 20:50.

On May 31, 2018, the Defendant driven a Csch Rexton car with about 10 meters alcohol concentration of about 0.248% from the 10-meter section of blood to the dial gate located in the center of Jeju Island 275 at the center of Jeju, with no driver's license on May 31, 2018, the Defendant driven a Csch Rexton car with about 0.248% alcohol concentration in blood.

Summary of Evidence

"2018 Highest 474"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in the judgment: References to inquiries, such as criminal history, investigation reports (Attachment to such previous rulings) 2018, 1316;

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Relevant legal provisions concerning criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (inter-Korean between the crimes of violating the Traffic Act on May 31, 2018 and the crimes of violating the Traffic Act on Road (Drinking));

1. Selection of punishment: Selection of each imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation and community service order: The defendant's reasons for sentencing under Article 62-2 of the Criminal Act are discovered while driving alcohol on January 21, 2018.

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