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(영문) 제주지방법원 2016.03.30 2016고단119
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

【Criminal Records of Crimes】 On April 18, 2008, the Defendant was sentenced by the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) and a fine of KRW 5 million for the same crime at the same court on March 21, 2014.

On February 5, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) at the Jeju District Court on February 5, 2016, and the judgment on February 13, 2016 became final and conclusive.

【Criminal facts” without obtaining a driver’s license, the Defendant driven a coo vehicle in C in the fourth section of approximately four kilometers from the Do near the central commercial building in Handong-gu, Handong-gu, Jeju-si, to the end of about 66-6 meters in front of the same Eup, while under the influence of alcohol content 0.07% in the blood transfusion on January 21, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, setnet case search, copy of judgement text, etc.;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances that are favorable to determine the punishment as ordered by the order, considering the following circumstances as the reasons for sentencing of Article 62-2 of the Criminal Act, such as observation of protection, community service, and order to attend lectures: He/she shall not drive drinking again while recognizing the facts of crime and contrary thereto:

The circumstances that are disadvantageous to the driver's license: The driver's license has been revoked due to drinking or non-licensed driving(4 times of drinking driving, once of non-licensed driving) and the driver's license has been revoked by drinking.

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