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(영문) 제주지방법원 2016.06.29 2016고단720
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

On August 20, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court on August 20, 2013, and on January 22, 2015, the Defendant issued a summary order of KRW 2 million for the same crime in the same court.

On April 7, 2016, the Defendant, while under the influence of alcohol level of 0.062% during blood transfusions around 22:55, without obtaining a motor device bicycle license, operated a bicycle with at least 2 km C 108c motor device from the front day of the same day-to-day cafeteria located in the south of the same City/Do, in the vicinity of the same day-to-day cafeteria, in Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to a summary order for the same crime as the suspect) statute;

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

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. Circumstances that are favorable to the determination of punishment as ordered by the order, considering the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact of the crime is recognized and reflected: The driving of drinking alcohol at one time, one time by driving of drinking and driving without a license, and nine times by driving without a license, and other circumstances: The amount of alcohol concentration, age of the defendant, sexual behavior, environment, etc. at the time of blood alcohol concentration;

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