beta
(영문) 제주지방법원 2014.11.21 2014고단1299

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On February 27, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving and Unlicensed Driving) at the Jeju District Court on February 27, 2009, and on December 26, 201, the above court received a fine of KRW 1.5 million as the same crime.

On August 8, 2014, the Defendant, while under the influence of alcohol 0.163% of blood alcohol content, driven without a license for a motorcycle, a non-registration of about 49c obs not covered by mandatory insurance at approximately 40 meters before the front of the Gu-Si Yon Police Station located in the Sluri Port of the Jeju City, from the front of the Gu-Si Yon Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. The register of driver's licenses, a written appraisal of blood alcohol, and the application of Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) , 154 subparagraph 2, and 43 of the Road Traffic Act, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reason for sentencing): The facts of crime are recognized and reflected; the driving of a motor bicycle; there is no criminal record exceeding the fine; the defendant's academic background (propacts due to the retirement of one year from elementary school; hereinafter referred to as the driver's license was not applied for the driver's license due to the retirement of one year from elementary school): The defendant has a number of same criminal records, including the previous criminal records; the fact that the driver's license was not obtained; it is decided as per Disposition on the grounds that blood alcohol concentration, circumstances after