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(영문) 제주지방법원 2017.10.19 2017고단1501
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

On July 21, 2006, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Jeju District Court on July 21, 2006, and on May 17, 2010, the same court was sentenced to a fine of five million won for the same crime, etc., and had the same records of four times in total.

On May 21, 2017, the Defendant driven B rocketing car with alcohol content of about 0.053% while under the influence of alcohol without a vehicle driver’s license, from the Mari-Ba hotel, which is linked to Jeju Island, to the same 500 meters from the day before the hotel, to the front day of the same scarba.

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 results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to previous decisions) and statutes;

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the course and taking into account all the various conditions of sentencing specified in the argument of the instant case. In particular, the following circumstances should be taken into account: The favorable circumstances: the degree of reflection, and the degree of alcohol concentration in blood is not high: The fact that each of the instant crimes was committed even if several punishments were imposed for the same kind of crime;

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