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(영문) 제주지방법원 2016.08.10 2015고단1527
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 June 28, 2012, the Defendant was sentenced to a fine of one million won due to a crime of violating the Road Traffic Act at the Jeju District Court on June 28, 2012, and on November 4, 2014, the Defendant was sentenced to a fine of seven million won due to a crime of violating the Road Traffic Act at the Jeju District Court on November 4, 2014, and was sentenced to a summary order of seven million won due to a crime of violating the Road Traffic Act (drinking) at least twice.

On September 16, 2015, the Defendant, without obtaining a driver's license for a motor vehicle at around 00:30, driving a Bho-do motor vehicle at a section of approximately 150 meters from the Do in front of the Do in the Jeju Jeju-si, Jeju-si, which is linked to Jeju-si, with a level of alcohol level of 0.237%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (formers and confirmations), two copies of summary order, and application of text 3 of the judgment;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 (Unlicensed Driving) of the Road Traffic Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

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 reason for sentencing is that the blood alcohol concentration is very high, the same previous conviction and seven times ( ① a fine of 700,000 won is imposed by the Jeju District Court which committed a violation of the Road Traffic Act (LA) on April 25, 2001, ② a fine of 250,000 won is imposed by the Jeju District Court on December 28, 2001, ③ a fine of 2,00,000 won is imposed by the Jeju District Court which committed a violation of the Road Traffic Act (LA) on March 24, 2005, ④ a fine of 2,00,000 won is imposed by the Jeju District Court which committed a violation of the Road Traffic Act (LA) on September 12, 2008.

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