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(영문) 제주지방법원 2017.07.21 2017고단1291
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

around 18:00 on May 3, 2017, the Defendant driven 29.7 OCC under the influence of alcohol concentration of about 0.124% while under the influence of alcohol without a motor device bicycle license on the road located in approximately 2km from the vicinity of the front 49 (Japan-dong), the front Do-ro 49 (Japan-dong), to the front of the Jeju-ro 1, the same Do-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of drinking and a statement in the circumstances of the driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), subparagraph 2 of Article 154, and Article 43 (the point of driving a bicycle without a driver's license for motor device) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant has already been punished for driving without a license in 2008.

On January 24, 2017, each of which was sentenced to a summary order due to the crime of drinking or non-licensed driving on November 20, 2016, is due to drinking or non-licensed driving on November 20, 2016, and it is highly likely to criticize again committing the crime of drinking or non-licensed driving after five months of the punishment.

In addition, the driver did not acquire the driver's license but was punished as above.

Other factors such as the numerical value of alcohol concentration in blood and driving alcohol during the point of time, the fact that there is no record of punishment heavier than the fine, the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, circumstances after the crime.

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