logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.09.21 2016고단1416
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

【The Defendant issued, on May 18, 2015, a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of KRW 1 million for the same crime at the same court on October 2, 2014.

【Criminal fact-finding on June 11, 2016, the Defendant driven C-cracking car from approximately 600 meters to the front road of the CU convenience store located in Seopo-dong 1981-4, Seopo-si, Seopo-si without obtaining a driver’s license, while under the influence of alcohol content of 0.20% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Report on the ledger of driver's licenses and the circumstances of driver's licenses;

1. A report on investigation (to hear statements by shots);

1. Previous conviction: Application of a written inquiry and a summary order, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

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. The circumstances that are favorable for sentencing under Article 62-2 of the Criminal Act, taking into account the following circumstances as the reasons for sentencing: Recognizing the facts of the crime and reflects the fact of the crime, the fact that there is no record of criminal punishment heavier than the fine for the same kind of crime: The fact that driving is conducted while the driver's license is revoked by drinking, and the crime is not good; the degree of alcohol concentration in blood at the time is very high by 0.202%; the crime of violation of the Road Traffic Act (driving) is committed two times on two occasions (0.125% in alcohol concentration in blood from driving on February 27, 2015; 0.76% in alcohol concentration in blood from driving on August 7, 2014); and

arrow