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(영문) 제주지방법원 2015.06.19 2015고단402

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 24, 2014, the Defendant was sentenced to 6 months of imprisonment or 2 years of suspension of execution for a violation of the Road Traffic Act at the Seoul Central District Court on February 4, 2014, and the said judgment becomes final and conclusive as of February 4, 2014, and was sentenced to a fine of 5 million won for a violation of the Road Traffic Act at the Jeju District Court on January 15, 2015, and a fine of 4 million won for a violation of the Road Traffic Act at the Seoul Western District Court on June 11, 2013, respectively.

On March 22, 2015, at around 00:42, the Defendant, without a car driver’s license, driven a Cpote car within a three-meter radius from the cafeteria parking lot located in the ASEAN-dong in Jeju-si to the road front of the Do-ri-ri-ri-ri Undong in Jeju-si to the Do-ri-ri-ri-ri Undong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

1. Relevant legal provisions and the choice of punishment for a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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 penalty: Imprisonment;

1. Discretionary mitigation: The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act, was sentenced to a fine on June 11, 2013 for the crime of violation of the Road Traffic Act, and was sentenced to a fine on January 24, 2014 for the same crime, etc., and was sentenced to six months of imprisonment and two years of suspended execution, in spite of the fact that he/she was under suspended execution, he/she committed the instant crime. In particular, even on November 21, 2014, when he/she was under suspended execution, even though he/she was under suspended execution, even though he/she was under suspended execution and was under prior to being sentenced to a fine, and therefore, he/she again committed the instant crime, so there is a need for strict punishment for the Defendant.

In addition, this case.