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(영문) 제주지방법원 2016.09.23 2016고단1511
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2016, around 19:18, the Defendant driven a C-wing truck without a vehicle driver's license in the state of alcohol leveling 0.123% of alcohol level among blood at approximately 5km from the front of Seopopo City, Seopo-si, Jeju, to the entrance road of the same T-Sung-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: The grounds for sentencing under Article 62(1) of the Criminal Act (including the following sentencing conditions under Article 51 of the Criminal Act as stated in the current sentence) are recognized and met in all of the facts constituting the crime; fines are imposed once for the same crime; the one-time indictment is imposed; the amount of alcohol content in blood is considerably high; the motive and background of the crime; circumstances after the crime was committed; the defendant’s occupation, age, family relationship; health conditions; economic situation (based recipients) etc. are considered. It is so decided as per Disposition for the above reasons.

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