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(영문) 제주지방법원 2016.11.04 2016고단1857
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On October 1, 2010, the Defendant issued a summary order of a fine of two million won at the Cheongju District Court for the crime of violation of the Road Traffic Act, and the summary order of a fine of five million won at the same court on August 18, 2015, respectively.

【Criminal Facts of Crimes】 On August 1, 2016, the Defendant driven B rocketing car under the influence of alcohol concentration of 0.067% without obtaining a driver’s license in a section of approximately 1km from the 1km to the extreme broadcast entrance located in the 4-gil Dong-dong, Dong-dong, Dong-dong, Dong-dong, Jeju-si, Jeju-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into driver's licenses, reports on the state of driver's status, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes attaching a copy of criminal records, inquiry report and summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances that are favorable to the sentencing of Article 62-2 of the Criminal Act by taking into account the following circumstances as the reasons for sentencing under Article 62-2 of the Order to Attend: The fact of crime is recognized and reflects the fact of crime, the blood alcohol concentration level at the time is not high, the fact that there is no record of criminal punishment heavier than the fine: The fact that the driver's license was revoked due to a drunk driving and it is not good to commit a crime that is committed again while the driver's license was revoked; the fact that there is a record of being subject to criminal punishment twice due to a violation of the Road Traffic Act (the fact that the driver's license was revoked; 0.131% of the blood alcohol concentration of the drunk driving on September 15, 2010; 0.237% of the blood alcohol concentration of the drunk driving on June 24, 2015): The defendant's age, character, behavior, environment, etc.

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