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(영문) 제주지방법원 2016.09.28 2016고단1630

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 12, 2013, the Defendant received a summary order of KRW 1,50,000 from the Jeju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (driving). On October 10, 2013, the Defendant received a summary order of KRW 4 million as the same crime in the same court.

[2] On July 17, 2016, around 20:55, the Defendant driven a B B B B B B B B-type vehicle under the influence of alcohol content 0.081% without obtaining a driver’s license in the section of about 1 km from the Do adjacent to the customary market in the same city, to the Do in the front of the Jeju-dong in the same city.

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. The driver's license ledger;

1. Investigation report (final report on confirmation of suspect's temporary drinking);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

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;