beta
(영문) 제주지방법원 2017.02.08 2016고단2807

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 November 20, 2016, at around 04:45, the Defendant, without a driver’s license, driven a car with B beer-type cruise in the section of about 100 meters from the road front of the secondary arche-type car in the Nowon-gu in Jeju Nowon-gu to the road front of the same city-type car, which is in the same city-type road, with alcohol content of 0.151%.

Summary of Evidence

1. Statement by the defendant in court;

1. A’s report on the circumstances of driving at home, without licenses, and a written statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 2, 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. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

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

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

Conditions unfavorable to the reasons for sentencing: Three times before the same criminal record and fine ( ① a fine of KRW 700,000 for the crime of violating the Road Traffic Act (drinking on May 31, 200), ② a fine of KRW 1 million for the crime of violating the Road Traffic Act (drinking without a license) by Jeju District Court on April 28, 2015; ③ a fine of KRW 3 million for the crime of violating the Road Traffic Act (dacting) by Jeju District Court on March 3, 2016)