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(영문) 제주지방법원 2015.10.06 2015고단940

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On October 22, 2007, the Defendant was sentenced to four months of imprisonment by the Jeju District Court for a violation of the Road Traffic Act, etc., and on November 21, 2013, the Defendant was sentenced to eight months of imprisonment and two years of suspended execution as he/she was sentenced to a violation of the Road Traffic Act (driving). The sentence becomes final and conclusive on November 29, 2013 and is still under suspended execution.

【Criminal Facts】

Defendant at Jeju around 17:58 on June 7, 2015.

In the 12-way Arain apartment near Arain apartment, the vehicle was operated without obtaining a driver's license in about 80 meters from the front of the Grain apartment to the front of the Arain apartment 105-dong, while under the influence of alcohol of about 0.185% of blood alcohol concentration, while under the influence of alcohol of about 80 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. The driver's license ledger;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is that the defendant was sentenced to a fine not less than five times for the same crime and was sentenced to a suspended sentence of imprisonment not more than two times for the same crime, and that the defendant was sentenced to a fine not more than twice for the reason that he was found to have been sentenced to a suspended sentence of imprisonment not more than two times for the reason that he was under the suspended sentence of not more than 2013, while he was discovered to have been sentenced to a licensed driving during the suspended sentence period of not more than 2013.

Nevertheless, the defendant committed the crime of this case during the period of suspension of execution, and drinking and non-licenseless driving are a crime that exposes citizens to a large risk.