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(영문) 제주지방법원 2015.07.02 2015고단618

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

【Criminal Power】 On January 21, 201, the Defendant, at the Jeju District Court, issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving), etc.; on November 6, 2014, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) and had the record of being punished twice or more for drinking driving.

【Criminal Facts】 On April 21, 2015, the Defendant, without obtaining a driver’s license at around 01:38, driven a B rocketing car from approximately 700 meters away from the front of the mutually influence, which is 0.111% of blood alcohol concentration, to the front road of the same Sirari-dong, in the state of being driven at the speed of 0.11%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, and on-site photographs;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (not less than three times of drinking driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license); 1. 1. Formal concurrence and the choice of punishment: Imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend lectures: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;