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(영문) 제주지방법원 2017.04.28 2016고단1746
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 24, 2009, the Defendant was notified of a summary order of a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daegu District Court, and was notified of a summary order of a fine of 1.5 million won for the same crime on November 6, 2009, and was sentenced to a summary order of a fine of 1.5 million won for the same crime on the support of Suwon Friwon Friwon, and on May 9, 2013, the Defendant was sentenced to a suspended sentence of imprisonment of 6 months for the same crime at the Jeju District Court.

On April 27, 2016, the Defendant, around 19:18, 2016, driven a motor vehicle with C dyp, which was not mandatory insurance without a driver’s license, while under the influence of alcohol content of about 0.157% while under the influence of alcohol with 0.157% in front of “the Samsung Machinery Industry” located in the same Eup and in the vicinity of the river in the estuary located in the river of Seopo-si, Seopo-si, Seopo-si, Seopo-si.

On January 27, 2017, the Defendant driven a motor vehicle C with 500-meter 161% of alcohol without a motor vehicle driver’s license in the section of the 500-meter section, where the trade name of the Seopo-si in Seopo-si is unknown at around 20:10, the Defendant was driving a motor vehicle with C Dod drum, who did not purchase a mandatory insurance without a motor vehicle driver’s license in the state of alcohol concentration of about 0.161% at the top of the front road, where the trade name of Seopo-si in Seopo-si is unknown.

Summary of Evidence (Joint Cases)

1. Statement by each of the defendants in court;

1. Making a statement on the circumstances of the driver involved in driving and making inquiries about the results of regulating drinking driving;

1. The ledger of driver's licenses of each motor vehicle;

1. Inquiry into each mandatory insurance;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol), Article 152 subparagraph 1, Article 43 (the point of driving without a license), Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Compensation Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount.

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