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(영문) 제주지방법원 2018.02.28 2017고단1940
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 28, 2016, the Defendant was issued a summary order of a fine of KRW 4 million at the Jeju District Court for a crime of violating the Road Traffic Act (driving in drinking), and on July 5, 2017, the Defendant was charged with summary charges for a crime of violating the Road Traffic Act (driving in drinking), and a fine of KRW 5 million was finalized as of September 19, 2017.

[2] On July 12, 2017, around 00:33, the Defendant driven a vehicle of Category B, while under the influence of alcohol level 0.138% while under the influence of alcohol level 0.138% without the driver’s license, from Jeju Tourism University to the rest area located in the 2687 of Jeju-ro, Seo-gu, Jeju-si, Jeju-si, which is located in the Mine-gu, Jeju-si, Jeju-do, to the rest area of approximately 80 meters in alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating drinking driving;

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

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect drinking skills);

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 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that it is against the law, the fact that there is no record of the same kind of crime exceeding the fine, and the fact that there is no personal damage);

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

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