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(영문) 제주지방법원 2017.10.26 2017고단778
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On March 12, 2007, the Defendant was sentenced to a fine of KRW 5 million for a violation of road traffic laws (drinking driving) by the District Court of Jung-gu.

"2017 Highest 778"

1. On March 1, 2017, at around 09:45, the Defendant driven B Poter truck under the influence of alcohol content of about 0.087% at the distance of approximately 2 km from the preceding Do of the member of the sub-committee in the Jeju-si Do to the front road of the fishery vehicle industrial company located in the same Si/Gu-Eup fishery company in the same city-Eup.

2. On March 1, 2017, around 10:25, the Defendant driven B Poter cargo vehicles under the influence of alcohol with approximately 0.073% alcohol concentration at approximately 1km from the Do in front of the Defendant’s residence in Jeju Island to the front of the E entrance in D at the same time.

"2017 Highest 2225"

3. On July 12, 2017, the Defendant, without a vehicle driver’s license, driven B cargo vehicles from a section of about 200 meters from the point of this Western Kinkin in the Guide-Eup in the Jeju-si, and from a section of about 200 meters to the Gu road in the same Ri without a vehicle driver’s license.

Summary of Evidence

"2017 Highest 778"

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at each driving school;

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

1. Each place of criminal;

1. References to inquiries, such as criminal history, investigation reports (attached reporting, such as suspect drinking and summary order for driving without a license).

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (which means driving under the influence of alcohol as stated in the judgment below) of the Road Traffic Act concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) (which means driving under the influence of alcohol as stated in the judgment below) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (which means driving under the influence of alcohol as stated in the judgment below), Articles 152 (2) 1 and 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are all considered, but the following circumstances are considered in particular.

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