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(영문) 제주지방법원 2016.09.02 2016고단1299

도로교통법위반(음주운전)등

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

except that 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 March 18, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Jeju District Court on March 18, 2015, and on October 26, 2015, the Defendant issued a summary order of KRW 7 million for the same crime in the same court.

On June 17, 2016, at around 21:30, the Defendant was under the influence of alcohol with 0.17% of blood alcohol concentration, without obtaining a driver’s license, and the Defendant was driving a gallon car at a level of 600 meters for the front day of the Domina in the Domina Eup in Jeju City from the front day of the Domina Island located in the Domina Eup in Jeju-si, to the Domina road located in 1430 meters in front of the Domina, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports including criminal records, and investigation reports (attached to a summary order for the same type of crime) Acts and subordinate statutes;

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

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

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act (the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the reason for sentencing below) is not only the defendant was punished by a fine for four times due to drunk driving or unlicensed driving. In the past criminal records, even in the past criminal records, the blood alcohol concentration level was 0.1% higher than that of a person and the distance from driving without a license was reasonable, but the defendant was sentenced to a fine three times only for 2015, and at the same time, the defendant was subject to criticism that the crime of this case was committed.

In light of these circumstances, it is doubtful that the defendant's punishment is no longer effective.