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(영문) 제주지방법원 2019.06.20 2019고단336
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 17, 201, the defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Busan District Court on January 17, 201, and on December 28, 2018, the Jeju District Court was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act on at least two occasions and was charged for driving under the influence of alcohol.

On January 9, 2019, at around 01:02, the Defendant driven approximately 1km of the EKazon vehicle from around 21:02 without a driver’s license to around 0.102% of the blood alcohol content without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of driving without a license, report on the status of driving without a license, report on the status of driving without a license, investigation report, investigation report, inquiry into the results of the crackdown on drinking driving, and license ledger;

1. Records and records before ruling: Criminal records, etc. inquiry reports, investigation reports (examination of the same kind of power), summary orders, and copies of indictment-related Acts and subordinate statutes shall apply;

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

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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and Article 62-2 of the Social Service Order was committed without a license. The crime of this case was committed on January 17, 201 by the Busan District Court, which was sentenced to a summary order of KRW 2 million, due to the crime of violating the Road Traffic Act, at the Busan District Court on January 17, 2011. On December 28, 2018, the defendant was charged with summary charges on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the defendant was issued a summary order of KRW 5 million at the Jeju District Court on May 17, 2019).

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