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(영문) 제주지방법원 2013.10.18 2013고단623
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was issued, at the Jeju District Court on September 29, 2008, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) and on November 20, 2009, a summary order of 2.5 million won was issued by the above court due to the same crime, etc.

[2013 Highest 623] On May 21, 2013, the Defendant driven a C Ssti-type car in the section of about 500 meters from the road front of the “Simank Sea Frequency” located in Seopo-si, Seopo-si, Seopo-si to the road front of the “Korea Sijin-si” located in the same Sin-si, Seopo-si.

[2013 Highest 1199] On September 5, 2013, the Defendant driven a car with C Spoty area from around 100 meters to around the road of the Hpool village center located in the same Dong, under the influence of alcohol content of 0.146% without a car driver’s license.

Summary of Evidence

[2013 Highest 623]

1. Statement by the defendant in court;

1. An inquiry report, such as inquiry about the results of the drinking driving control, criminal records, etc. (2013 high-level 1199);

1. Statement by the defendant in court;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the register of driver's licenses and inquiry reports;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of driving under influence of alcohol), 152 subparagraph 1, and 43 (the point of driving without license) of the Road Traffic Act;

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

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Probation: A sentence shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing in the main sentence of Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act. The favorable circumstances recognize and reflects the facts of a crime, and in some cases, the blood alcohol concentration is not high and the distance of each drinking driving is less unfavorable.

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