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(영문) 제주지방법원 2016.06.01 2016고단378
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

1. On March 8, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (dless driving) on the road, without obtaining a driver’s license, while under the influence of alcohol content of 0.220% from blood, around 01:51 on March 8, 2016, the Defendant driven a B-learning car at the 1km section from the front apartment located in Jeju-si, Jeju-si, 212 (O 2, O 2) to the front road of the 212-oon-ro, Jeju-do, an apartment located in the Jeju-si Interconnection.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated a passenger car owned by the Defendant, which was not covered by mandatory insurance at the same time and place as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under driving under drinking, and record of reasons for the decision of driver's license;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to tea inquiries and mandatory insurance inquiries;

1. Relevant legal provisions concerning facts constituting the crime: Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (2) of the Guarantee of Automobile Compensation Act;

1. Standing concurrence and choice of a sentence: Articles 40 and 50 of the Criminal Act ( space between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act). Selection of imprisonment with prison labor;

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

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

The circumstances that are disadvantageous to the reason for sentencing: The higher alcohol content in blood, the same previous conviction and two times [1.0 million won in Jeju District Court Decision 500,000 won in the crime of violation of the Road Traffic Act (LA) on November 18, 2014, 2.3.1 million won in the Jeju District Court Decision 1.00,000 won in the crime of violation of the Road Traffic Act (LA) on March 18, 2016]

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