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(영문) 제주지방법원 2013.06.04 2013고단447

도로교통법위반(음주운전)등

Text

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

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

The Defendant was under the influence of alcohol by 0.119% without obtaining a driver’s license, and on March 23, 2013, at around 00:50, the Defendant driven C Poter truck from the front of the mutually influent restaurant located in the Oral Sea of Seopo-si, Seopo-si, Seopo-si to the front of the bus stops of Sungpo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;

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

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

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Probation: The punishment shall be determined as ordered in consideration of all the following circumstances with the reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act: The favorable circumstances: the time of committing a crime and reflects the fact: Imprisonment with prison labor on September 25, 2006; fine of KRW 4 million on November 16, 201; and the fact that a license was not obtained again after the revocation of a driver's license for 2003: It is so decided as per Disposition for the reasons above the Defendant's age, family environment, etc.