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(영문) 제주지방법원 2016.03.23 2016고단111

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

On January 10, 2016, the Defendant was under the influence of alcohol level of 0.095% during blood transfusion around 21:17, and without a driver’s license, driven a passenger car with B’s physical height at approximately 5km in front of the bus stop in the front of the passenger bus stop in the same time-distance from the Do located south-dong at Jeju-do without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant legal provisions concerning facts constituting an offense: Article 148-2 (2) 3, 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. Order to attend a lecture: It shall be decided as per the Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 or more of the Act on the Observation, etc. of Protection;

When sentencing is disadvantageous: 2 times before and after the same fine ( ① on January 31, 2001, a fine of 200,000 won for the crime of violating Road Traffic Act (unlicensed Driving) by Jeju District Court on September 30, 2009, ② a fine of 200,000 won for the crime of violating Road Traffic Act (Unlicensed Driving) by Jeju District Court on September 30, 200)