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(영문) 제주지방법원 2016.04.27 2016고단226
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2016, the Defendant was driving a C T-Co-car without obtaining a driver’s license from around 19:00 to around 1.71km in the section of approximately 1.71km from around the residence of Jeju-si, Jeju-si, Jeju-si, from around 19:00.

2. On January 21, 2016, the Defendant driven a C T-Co car under the influence of alcohol content of about 0.204% without obtaining a driver’s license on the section of approximately 1.38 km in the Gu’s advanced road located in the Gu’s Island in the Dongdo-Eup in the Jeju-si in the Jeju-do. From around 20:20, the Defendant driven a C-Co car under the influence of alcohol level of about 0.204% in the blood alcohol level without obtaining a driver’s license on the section of approximately 1.38 km.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to traffic accidents prepared D;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. A survey report on actual condition (1) and (2);

1. A photo at the scene of an accident and a map at the scene;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the distance of suspect);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning facts constituting an offense, and Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture, the following circumstances are considered: recognizing the facts of crime and reflecting it, and there is no record of criminal punishment heavier than the fine: The alcohol concentration in blood at the time is considerably higher than 0.204%, and the crime of driving the instant drinking is not good at the same time while the driver's license is revoked due to drinking driving.

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