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(영문) 제주지방법원 2015.02.06 2014고단1852

도로교통법위반(무면허운전)등

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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 3, 2011, the Defendant received a summary order of KRW 2 million from the Jeju District Court for the crime of violation of the Road Traffic Act, and KRW 8 million from the above court on August 14, 2014 for the same crime.

On October 29, 2014, the Defendant, while under the influence of alcohol content of 0.181% without a car driver’s license on October 29, 2014, driven a car to be operated from the vicinity of “Yan Ambassadora,” located in the East-ro 74, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 3.5 km.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the register of driver's licenses and the results of the crackdown on drinking driving;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic 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: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. An order to attend a lecture: A favorable circumstance is determined as per the order, taking into account all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: The fact that the facts of the crime are recognized and seriously reflectd; the fact that there is no criminal record exceeding a fine; when the defendant is detained, the circumstance that the defendant brings about an excessive difficulty to his dependants: the blood alcohol concentration is considerably high; the record of the crime in the judgment and the record of the crime in the judgment, and the recent criminal records of the same kind have been punished for three times due to drinking driving; and other reasons: The statement of the defendant by the motive of the crime: the bus is operated in order to communicate his wife, who is a student, and to get him on board after being contacted with his wife: