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(영문) 제주지방법원 2018.09.07 2018고단687
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 24, 2013, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On October 30, 2015, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[2] On March 18, 2018, the Defendant: (a) driven a Brocketing traffic truck under the influence of alcohol content of about 0.080% in blood while under the influence of alcohol at approximately 15km from the 15km section of the Nam-gu Seoul Metropolitan City, Namwon-gu, Seoul Metropolitan City, which is in Seopo-si, Seopo-si without a driver’s license on March 18, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving a drinking and notification on the results of regulating drinking driving;

1. Details of the disposition of revocation before drinking;

1. The driver's license ledger and the driver's license ledger;

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 (such as the history of suspect drinking driving);

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 suspended execution;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act of the community service order or order to attend a lecture has served five times or more due to drinking or non-licensed driving since 200, and thus, the defendant's crime is not weak.

However, in consideration of the fact that the defendant acknowledges and reflects a crime, that the alcohol concentration in blood was not high at the time of the crime, and that other circumstances constituting the conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime, the punishment as set forth in the text shall be determined.

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