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(영문) 제주지방법원 2018.07.16 2017고단3229

도로교통법위반(음주운전)등

Text

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

On May 20, 2014, the Defendant issued a summary order of KRW 1 million in fines of KRW 5 million in the same court on September 19, 2016 due to a violation of the Road Traffic Act (driving) at the Jeju District Court on May 20, 2014, and a violation of the Road Traffic Act (driving) at the same court on September 19, 2016.

On December 7, 2017, the Defendant violated the prohibition of drinking driving regulations two times or more, and driven B M& car under the influence of alcohol content 0.133% while under the influence of alcohol without a driver’s license, on the road of approximately 4km from the horizontal distance near the Sudo-dong at Jeju to the front day of Samsung Motor Vehicle Services located in the same city.

On April 11, 2018, the Defendant 2018, 11:01, on April 11, 201, 201, driven a car with Cirsomom without obtaining a driver's license from the Do near the 114-ro, Jeju to the 564-1-ro, Jeju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between violations of Road Traffic Act on December 7, 2017);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The following conditions of sentencing should be taken into account for the reasons of sentencing of Article 62-2 of the Criminal Act: (a) protection and observation; (b) community service order; (c) community service order; and (d) order to attend a lecture; and (c) various conditions of sentencing specified in the argument of the instant case for sentencing; (d) consideration of the following circumstances; (c) there is no record of punishment in excess of the fine; and (d) the circumstances unfavorable to the first degree disabled with developmental disability: (e) drinking driving in 2014;