beta
(영문) 제주지방법원 2016.09.28 2016고단1182

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

[criminal history] On March 30, 2016, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (driving). On June 24, 2014, the same court issued a summary order of KRW 3,00,000 for the same crime.

[Criminal facts] On May 11, 2016, the Defendant driven a B X-ray car under the influence of alcohol content of 0.089% while under the influence of alcohol without obtaining a driver’s license from the Arain apartment parking lot located in the Aradong at the Jeju-si on May 11, 2016 to the front day of the search station located in the same Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver driving a drinking, inquiry of the results of crackdown on drinking driving, and relevant photographs;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history, request for computer inquiries, reporting on the results of previous convictions on disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to summary orders);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 (Unlicensed Driving) of the Road Traffic Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

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

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

1. Community service order: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection;