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(영문) 제주지방법원 2016.11.07 2016고단1758

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 became final and conclusive.

Reasons

Punishment of the crime

On July 21, 2016, around 22:19, the Defendant driven a Category B motor vehicle under the influence of alcohol content of about 0.158% without a vehicle driver’s license at a section of approximately 150 meters from the street in front of the CU convenience store in EU convenience 2, E-2, E-2, E-2, E-19.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The circumstances that are disadvantageous to the reasons for sentencing: relatively high blood alcohol concentration, three times before the same previous conviction ( ① 2 years of suspended sentence in January 27, 2005, ② the crime of violating the Road Traffic Act (Unlicensed Driving) on June 19, 2007, ② the crime of violating the Road Traffic Act (Unlicensed Driving) on June 19, 2007, ③ the fine of 300,000 won by the Seoul Western District Court, ③ the crime of violating the Road Traffic Act (Driving Driving) on July 5, 2016, and the fine of 2 million won by the Jeju District Court)