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(영문) 제주지방법원 2017.10.13 2016고단2753 (1)

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2016, the Defendant, without obtaining a driver’s license, driven a 500-meter B rocketing car at the front of the Paris Round road located in Paris 47 (Dongdong) in front of the Gream apartment in front of the Gream apartment in the Jeju City, under the influence of alcohol content of 0.182% among the blood transfusion around 15:40%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs;

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

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On March 10, 2016, the reason for sentencing under Article 62-2 of the Criminal Act, including the fact that a summary order of KRW 5 million was issued on March 10, 2016 on the grounds of the imposition of an order to attend a lecture, and on May 3, 2016, the fact that the instant drinking and non-licensed driving again leads to approximately 11 months, and that the amount of alcohol concentration in blood is high is very poor.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.