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(영문) 제주지방법원 2015.01.14 2014고단1710
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 18, 2010, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act by the Jeju District Court on June 15, 2010, two years after the suspended sentence of 4 months by a crime of violation of the Road Traffic Act by a crime of violation of the Road Traffic Act at the Jeju District Court on June 15, 2010, two million won after the same court on November 8, 2010, and one year after the suspended sentence of 6 months by the same court on August 29, 2013.

On October 4, 2014, the Defendant, without obtaining a motorcycle driver’s license at around 17:40 on October 4, 2014, driven a Cmotor bicycle at approximately one kilometer from the front side of the East Sea State in the city of Jeju to the front side of the same city north-ro 654, while drunk alcohol leveling 0.154%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, and a written appraisal of alcohol from blood;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be imposed in consideration of the following factors: (a) the reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has been punished several times; (b) the defendant was punished for drunk driving or unlicensed driving; and (c) the judgment of probation has also been issued three times; (d) the crime of this case has not yet been committed after the expiration of the period of probation; (e) the fact that blood alcohol level was high; and (e) other circumstances of driving, the defendant’

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