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(영문) 제주지방법원 2017.07.14 2017고단586
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

[2] On May 2, 2007, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving). On April 13, 2015, the same court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving), and on December 4, 2015, the same court issued a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

[Criminal facts] On February 13, 2017, the Defendant driven a felon felon vehicle B under the influence of alcohol leveling 0.190% without a vehicle driver’s license at a section of about 800 meters from the vicinity of Jeju Island to the front road of the Dondong Donjin-do well-friendly apartment.

Summary of Evidence

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. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order on driving a suspect under the influence of alcohol);

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 (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and the fact that the defendant had the driver's license revoked due to driving under drinking, the defendant had the record of being punished by a fine due to driving under drinking, in addition to the previous conviction in the judgment of the court below. The degree of alcohol concentration in blood at the time of the crime in this case is high, the occurrence of traffic accident is caused while driving without a license for driving under drinking, and other circumstances constituting the conditions for sentencing, such as the defendant's age, environment, health condition, and circumstances after the crime, shall be determined as set forth in the

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