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(영문) 제주지방법원 2018.09.07 2017고단2557
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 June 28, 2017, 2017, the Defendant 2557, on June 28, 2017, 205:46, the Defendant driven a B-to-purd vehicle with alcohol content of 0.160% under the influence of alcohol without obtaining a driver’s license in the section of about 1km from around 1km to the above hurning parking lot, which is 6-lane 20, from the opening of the huring parking lot, to the hurd from Jeju.

On September 19, 2017, the Defendant 2017 Godan 2864, the Defendant driven a car from 50 meters away from the common market parking lot in the Eastern-ro 14-lane 20, Jeju city, to the center of the CU convenience shop in the 14-lane 14-ro, Jeju city, without obtaining a driver's license for a vehicle from around 10:00 to the road front of the center of the main road of the Jeju-ro.

Summary of Evidence

"2017 Highest 2557"

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. "Motor vehicle driver's license ledger 2017 Highest 2864";

1. Statement by the defendant in court;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act by the person on June 28, 2017 and the crimes of violating the Traffic Act by the person on June 28, 2017;

1. Selection of each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend school, committed a second offense despite the fact that the Defendant was punished for a crime of violating the Road Traffic Act around 2016, by taking into account all the circumstances constituting the conditions for sentencing, such as the defendant’s blood concentration during drinking, the defendant’s age, environment, and circumstances after committing the crime, shall be determined as the same as the order;

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