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(영문) 제주지방법원 2016.06.15 2016고단654

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

【The Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court on May 31, 2011, and on December 3, 2013, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Fact-finding on March 6, 2016, the Defendant driven a coo motor vehicle in B in the section B of approximately one kilometer from the front of the “Cheong-ri restaurant” located in the Sejong-gu Eup in the Jeju-si in the same Ri under the influence of alcohol content of 0.157% during blood without obtaining a driver’s license on March 6, 2016 to the front of the side head of the side in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving, and inquiry about the result of crackdown on drinking driving (including relevant photographs);

1. The ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the following circumstances, the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture: The fact of crime is recognized and reflects the fact of crime, and there is no record of criminal punishment heavier than the fine: The degree of alcohol content in blood at the time is high to 0.157%; the crime is not good; the driving of the instant drinking at the time when the driver's license is revoked due to drinking; three times by driving without a license; 0.188% by driving without a license; and 0.16% by driving under the influence of alcohol; and 0.16% by criminal punishment (gold penalty) on August 29, 2013: Operation of the instant case; and other records: