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(영문) 제주지방법원 2018.04.05 2017고단2237
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 7, 2004, the Defendant was sentenced to two years and six months of imprisonment and four years of suspension of execution due to a violation of the Road Traffic Act at the Seoul District Court on January 7, 2004. On March 3, 2006, the Defendant was sentenced to a summary order of one million won of fine due to a violation of the Road Traffic Act (licenseless Driving) in the support of the Chungcheongnam-gu District Court on March 14, 2006. On July 10, 2007, the Daejeon District Court issued a summary order of two million won of fine due to a violation of the Road Traffic Act (driving Driving) and a violation of the Road Traffic Act (unlicensed Driving) in the support of the Suwon-gu District Court on August 28, 2015. The Defendant was sentenced to one year and six months of imprisonment and completed the execution of the said sentence at the detention center on December 14, 2012.

On June 30, 2017, the Defendant driven a CNA-si car with approximately 100 meters alcohol concentration of approximately 0.108% while under the influence of alcohol without a driver’s license, from the front of a mutually influorous restaurant in the Jeju-si, Jeju-si to the front of the hidden in the same Dong from around 100 meters to the road in front of the hidden in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (the confirmation of the expiration of the period of punishment of the suspect);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes appears to be against this court multiple times and reflects in depth. The driving distance of the drinking of this case is not long, the driving force of drinking after 2000 is only twice, and the wife's health is not good due to lightness, and there is a need for support by the defendant, and there are family members with the preference.

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