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(영문) 제주지방법원 2018.03.22 2017고단1180
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 21, 2007, the Defendant issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseless Driving), on October 1, 2009, for a violation of the Road Traffic Act (non-licenseless Driving) in the support of the Suwon branch of Suwon branch, and on June 24, 2016, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (non-licenseless Driving) was issued by the Jeju District Court.

On February 1, 2017, the Defendant driven a B Twork XG car under the influence of alcohol content of 0.107% while under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from around 150 meters to the road located in the same city as a male-ro 91.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

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

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Reasons for sentencing the alternative sentence of imprisonment with prison labor is to be taken into account all the various sentencing conditions specified in the pleadings of this case, and the following circumstances are to be taken into account in particular: The unfavorable circumstances: the higher alcohol concentration in the blood is high, there is no fact that a driver's license has been obtained, and even if a driver has been punished several times due to drinking or non-licensed driving, recidivism was committed.

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-형법 제40조