(영문) 제주지방법원 2013.05.10 2013고단374



A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On March 7, 2013, the Defendant was under the influence of alcohol with 0.087% of the blood alcohol concentration without a car driver’s license on March 7, 2013, and was driving B B beer or car from the front side of the “diet cafeteria” in the Jeju-si Haak-si, to the front side of the entrance of the same Eup/Myeon from approximately 5km to the front side of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of drivers and a driver's license ledger;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 3, 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. Order to attend a lecture: The sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: The fact of a crime is recognized, the fact of a crime is recognized, the fact that blood alcohol concentration is not high: The fact that a fine has been imposed on three occasions due to the same crime (driving) and the fact that there is a history of a fine imposed on three occasions: It is so decided as per Disposition on the grounds that the defendant’