logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.11.24 2016고단1427
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

"2016 Highest 1427"

1. The Defendant, at the Jeju District Court on September 28, 2009, issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act, and on September 12, 2013, issued a summary order of KRW 3 million for the same crime in the same court on September 12, 2013, respectively, by violating Article 44(1) of the Road Traffic Act on two or more occasions.

around 22:50 on May 29, 2016, the Defendant driven a Blue Vessel under the influence of alcohol content of approximately 0.089% from the 200 meters section to the 0.089% of blood alcohol content from the 200m section before the instant “New Jeju Island” road located in the same Dong around that time.

"2016 Highest 1667"

2. On July 20, 2016, at around 11:15, the Defendant driven a Grand City No. B without a driver’s license on a section of approximately 3 km from the front day of the Grand City Mapo-dong in Seopo-si, Seopo-si, Seopo-si to the front day of the same Sinpo-dong.

Summary of Evidence

"2016 Highest 1427"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements, report on the results of confirmation of the previous dispositions, and summary order "2016 Highest 1667";

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license"), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning the crime, and the choice of imprisonment

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2 of the Criminal Act to order probation and lecture attendance.

arrow