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(영문) 제주지방법원 2018.03.21 2017고단2754
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

[criminal history] On November 22, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Suwon Flag Flag method Board, and a summary order of KRW 4 million for the same crime at the Jeju District Court on March 27, 2017, respectively.

[2] On September 16, 2017, around 14:03, the Defendant driven CMW car under the influence of alcohol with approximately 200 meters alcohol level 0.082 percent in blood, without obtaining a driver’s license, from the loan located in the 1st of Sin-Eup, Do in Jeju to the 2nd of Sin-Eup, Ha, Dong-dong, Ha-dong 333.

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. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (Attachment to a summary order), application of Acts and subordinate statutes of a summary order;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (including the cases where his/her mistake is pened and reflected, the fact that he/she has not been convicted of the same kind of suspended execution or higher, the fact that he/she has not caused physical damage, and the fact that he/she supports his/her family, etc.);

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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