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(영문) 제주지방법원 2015.07.10 2015고단533

도로교통법위반(음주운전)등

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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

On February 17, 2011, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on February 17, 201, and a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on May 22, 2014, and the same criminal power is more than six times.

around 19:00 on April 25, 2015, the Defendant was driving a D car under the influence of alcohol content of about 0.091% without obtaining a driver’s license in the section of about 10 kilometers at a 100-meter away from the Jeju-si in Samyang-dong, Jeju-si, and around 20:57 on the same day, the Defendant was driving a D car under the influence of alcohol of about 0.091% at a 10-meter away from the 19:0 Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Statement of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected in all the more favorable circumstances: the enemy can be punished by a fine for the same kind of crime, and even if the person has been punished by the suspension of the execution of imprisonment, it also leads to the same kind of crime in this case: the amount of alcohol concentration, driving distance, background of the crime, and crime.