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(영문) 제주지방법원 2017.04.26 2017고단68
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On February 24, 2011, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court on February 24, 201, and on November 6, 2014, the Defendant received a summary order of KRW 4 million for the same crime and received a summary order of KRW 4 million in total at the same court on November 6, 2014.

[Criminal facts] On December 28, 2016, the Defendant driven a bro-car while under the influence of alcohol content of about 0.192% from the 1km section to the front road of the U.S. Sea State in the Republic of Korea, where Seopopopoon was in effect on December 11:30, 2016, to the front road of the elementary school.

Around 17:00 on February 25, 2017, the Defendant driven a liquid car B with no driver’s license from approximately 8 km to the front road of the entrance of the Sogdong at the same time, from the walsium located in Seopo-dong, Seopo-dong, Seopo-dong on February 17, 2017.

Summary of Evidence

"2017 Highest 68"

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. Previous convictions: References to inquiries, such as criminal history, (A) and investigation reports (Attachment to previous rulings) 2017 order 547 ";

1. Statement by the defendant in court;

1. The driver’s license ledger (A) - Application of revoked Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Amount (see, e.g., Supreme Court Decision 2000Du1448, Jan. 1, 2000)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of Article 62-21 or more of the Criminal Act concerning orders to provide community service and attend lectures;

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