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(영문) 제주지방법원 2016.10.28 2016고단1705
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2008, the Defendant has experience of being punished for violating Article 44(1) of the Road Traffic Act, such as a summary order of 1.5 million won by committing a crime of violating the Road Traffic Act at the Jeju District Court on September 17, 2014; a summary order of 4 million won by the same court on September 17, 2014; and a summary order of 7 million won by the same court on January 22, 2015; and a summary order of 7 million won by the same court on January 22, 2015, respectively.

【Criminal Facts】

At around 11:00 on March 22, 2016, the Defendant driven B Poter Cargo Vehicles with approximately 150 meters alcohol concentration 0.060% from the front road of the city-do in the south-dong of Jeju to the front road of the Industrial Bank of Korea located in the same city-do movement around that time.

2. Around June 25, 2016, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle C, without a motor vehicle driver’s license, at approximately approximately 150 meters away from the water station near the water station located in Suwon-si, Suwon-si, Suwon-si, to the road located in about 1:8,000, around the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of records of drinking driving not less than twice);

1. Relevant legal provisions and the choice of punishment for a crime: Imprisonment with prison labor under Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) and 38 (2) and 50 (within the scope of the sum of the long-term punishments of two crimes);

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

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act).

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