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(영문) 제주지방법원 2017.08.09 2017고단916
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

[criminal history] On October 1, 2013, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving alcohol) at the Jeju District Court, and a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving alcohol) at the Jung-gu District Court on July 13, 2015.

[2] On April 2, 2017, the Defendant: (a) driven CW car under the influence of alcohol concentration of about 0.131% during blood transfusion without a driver’s license in the section of approximately 2km to the front side of the DW car at approximately 3 m3 (out of Do) Jeju-si, Jeju-si, Jeju-si, Jeju-si, Jeju-do 49-ro, Jeju-do, Jeju-do 3 (out of Do-do).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, (A) and the application of Acts and subordinate statutes to report an investigation (verification of the same record as the suspect

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 Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

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

1. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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