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(영문) 제주지방법원 2016.07.21 2016고단792
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 4, 2014, the Defendant received a summary order of KRW 1 million from the Jeju District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the same court on March 18, 2016 to a fine of KRW 1 million due to the same crime.

[2] On April 2, 2016, the Defendant driven B K3 cars under the influence of alcohol content of 0.142% while under the influence of alcohol without obtaining a driver’s license from around 500 meters to the front road of the Gu’s vehicle registration office located in the same Dong from the Jeju-do viewing road that is moving on April 2, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the details of crackdown and the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment to the current status of drinking control), inquiry about the results of crackdown on drinking driving (2014), inquiry about the results of crackdown on drinking driving (2016), application of Acts and subordinate statutes attached to summary orders;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was sentenced to a fine on May 8, 2009 on one occasion due to a violation of the Traffic Act (non-licenseless driving) on the road on November 4, 2014, and each summary order was issued on March 18, 2016 due to a violation of the Traffic Act on the road on the part of November 18, 2014, and a violation of the Traffic Act on the road on the part of March 18, 2016.

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