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(영문) 제주지방법원 2017.06.29 2017고단1265
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 19, 2007, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law at the Jeju District Court, and on December 12, 2008, the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law at the same court on December 12, 2008. On September 7, 2016, the Defendant was sentenced to three years of suspended execution for one year of imprisonment for a violation of road traffic law at the same court on September 7, 2016, and the said judgment became final and conclusive on the 20th of the same month.

On March 24, 2017, the Defendant driven a sports vehicle C in the state of alcohol alcohol concentration of about 0.060% in a section of about 270 meters from the new Jeju Public Parking Lot, which is linked to Jeju around 03:48, to the front road of the Pungung Sea State located in the same Dong, without 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. Notification of the results of regulating drinking driving;

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

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. Reasons for imposing selective sentence of imprisonment with prison labor are all the conditions for various sentencing specified in the argument of the instant case, and the following circumstances should be taken into account in particular: A favorable circumstance: A person was sentenced twice due to a crime of violating the Road Traffic Act, and a person was in the period of suspension of execution due to the same kind of crime as the first head stated in the present ruling;

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