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(영문) 제주지방법원 2014.04.09 2014고단103
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2008, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at the Jeju District Court for six months. On March 19, 2010, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of the Road Traffic Act. On January 24, 2013, the same court sentenced the imprisonment for six months to a violation of the Road Traffic Act. The Defendant was released from the Jeju Correctional Institution on June 28, 2013 and the period of parole was expired on July 23, 2013.

On January 16, 2014, the Defendant, without obtaining a driver’s license at around 22:00, driven B-learning cars around the bus terminal in the city of 0.09% of alcohol concentration in the city of 0.09%, from the vicinity of the city bus terminal in the city of Dara to the front of the new park in the city of Do moving at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, investigation reports (verification of the date of release from office and attachment reports of judgment);

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 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has the record of fines and criminal punishment such as imprisonment due to drunk driving, unlicensed driving, etc., repeated crime, and the age, character and conduct, environment of the defendant, motive and circumstance leading the defendant to the crime of this case, the means and consequence, etc. of the crime of this case as stated in the records of this case, taking into account various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the crime of this case.

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