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(영문) 제주지방법원 2018.12.21 2018고단2597
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

[criminal history] On September 7, 201, the Defendant was sentenced to six months of imprisonment and one year of a suspended sentence for a crime of violating the Road Traffic Act at the Jeonju District Court on September 7, 201. On April 6, 2015, the Changwon District Court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act.

[Criminal facts]

1. On March 20, 2018, the Defendant: (a) driven a fwing vehicle and three cargo vehicles while under the influence of alcohol with about 200 meters alcohol concentration of about 0.193% from the 200-meter section from the D cafeteria in Seopopo City, Seopopo City to the E-si, Seopo City.

2. On September 2, 2018, the Defendant: (a) driven a J Poter II cargo vehicle without obtaining a driver’s license from around 100 meters from the front of G to the front of the first road located at Jeju, from around 07:5 on September 2, 2018, at around 100 meters from the front of G to the first road located at Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a copy of a summary order, and a copy of a judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of protection and observation, and the order to attend a lecture is high in alcohol concentration while committing the instant crime of violating the Road Traffic Act (driving of Drinking), and the Defendant was punished as the crime of violating the Road Traffic Act (driving of Drinking), including the previous conviction in the judgment of the lower court, and re-offending the same.

In addition, as in the decision of the defendant, the crime is hotly heavy by driving without a license under Paragraph 2 of the decision in the process of investigating into a violation of traffic law (drinking) after driving a drinking in accordance with Paragraph 1 of the decision of the defendant.

However, the defendant is now.

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