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(영문) 제주지방법원 2016.04.11 2016고단47
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On November 19, 2013, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving alcohol), and such summary order becomes final and conclusive on December 3, 201 of the same year. On February 5, 2015, the Defendant received a summary order of KRW 4 million from the same court as the same crime and issued such summary order under the same year.

3. A person who has been punished twice or more for a crime of violating traffic laws, such as finalized 31.

[2] On December 25, 2015, the Defendant driven a B-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a driver without a license, report on detection of a driver with a driver without a license, inquiry of the results of crackdown on the driving of drinking, and report on the situation of driving;

1. Investigative into the ledger of driver's licenses and the police cleanlines;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report, and summary order-making statute, 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. 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 which is heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act had a record of having already been punished four times due to drinking driving. However, on February 5, 2015, a summary order of KRW 4 million was issued due to drinking driving and the driver’s license was revoked.

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