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(영문) 제주지방법원 2017.07.14 2017고단1480
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 7, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 5 million for the same crime at the same court on June 24, 2016.

On June 6, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven B-type cargo under the influence of alcohol content of approximately 0.168% from the 2.2km to the road near the 11-lane 3, Jeju-si, Yan-si, Jeju-si, from the road near the 11-lane 7187.

As a result, the Defendant violated the prohibition of driving at least twice in the state of alcohol, driving a motor vehicle while driving the motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. Application of a reply to inquiry, such as criminal history, investigation report (verification of suspect drinking driving record), Jeju District Court 207 High Court 207 High Court Order 11284 High Court Order, Jeju District Court 2016 High Court Order 3565 High Court Order

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. The criminal reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the nature of the crime is very poor; and (b) the number of alcohol concentration in blood is considerably high in that the defendant once again drives drinking, even though he/she was punished by a fine due to driving under the influence of alcohol in 204, 2008, and 2016.

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