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(영문) 제주지방법원 2017.05.18 2016고단2805
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 February 18, 2010, the Defendant was issued a summary order of KRW 1 million with the same offense at Jeju District Court on October 27, 2015, as a crime of violating the Road Traffic Act by a common military court of the 31st Army.

On December 13, 2016, at around 00:41, the Defendant, without a driver’s license, driven a B B Tbluri-off car from a section of about 600 meters from the front of the old-distance road in Jeju Nowon-gu to the front road in the same Dong, while under the influence of alcohol content of 0.093%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: The following circumstances should be taken into account, in particular, for the reasons of sentencing specified in the instant argument: (a) reflects the favorable circumstances; (b) there is no record of criminal punishment exceeding the fine; and (c) extenuating circumstances that raise minor children: (a) even if having been punished for the same kind of crime on two occasions, it reaches a second offense.

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