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(영문) 제주지방법원 2020.06.17 2020고단573
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

On January 28, 2019, the Defendant received a summary order of KRW 3 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

On March 5, 2020, around 21:46, the Defendant driven a DNA string car with approximately one kilometer from around the “C” restaurant located in Jeju-si, to the roads near the “Ganggug-si,” located in the Han River-si, Jeju-si, and without a driver’s license, under the influence of alcohol level of 0.104%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol without a driver's license, in violation of the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Report on the situation of operation without a license;

1. The driver's license ledger;

1. Related photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) a majority of criminal records having the same reason for sentencing under Article 62-2 of the Social Service Order Act; (b) a short period of time repeats the same offense; (c) a person has no record of punishment exceeding the fine for the same kind of crime; (d) a person’s age, character and conduct, family relationship, environment, circumstances and result of the crime; and (e)

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