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(영문) 제주지방법원 2017.01.24 2016고단2833

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On June 12, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeju District Court, and on February 5, 2015, the Defendant issued a summary order of KRW 5 million for the same crime, etc. at the same court.

[Criminal facts] On November 28, 2016, the Defendant was under the influence of alcohol level of 0.252% during blood transfusion around 00:55, and without obtaining a driver’s license, the Defendant driven a motor vehicle with B low-speed car at least 100 meters in front of the hotel located near the hotel in the Jeju-si Round, which is linked to Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the summary order of the same type of crime) by statutes;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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 punishment: Imprisonment;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order to attend a course: The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection shall be determined by taking into account all of the following circumstances into consideration:

The favorable circumstances: The facts of the crime are recognized and the facts of the crime are considered to be all more favorable: although there are two times the past records of the punishment of fine for the same kind of crime, the fact that the crime of this case was committed without any specific justifiable reasons in the state of delivery, and that the amount of alcohol concentration in the blood is very high: It is ordered as the reasons such as the motive and circumstance of the crime, circumstances after the crime was committed, the defendant's occupation, age