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(영문) 제주지방법원 2017.09.08 2017고단1907
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

On July 13, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on July 13, 2017, driven B-be, while under the influence of alcohol with approximately 0.098% alcohol concentration from the section of about 8km from the front day of the name-free farm in Seopo-si, Seopo-si, Seopo-si, Seopo-si to the front day of the Gopo-si Public Security Center, which is located in 3702, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant was punished for the violation of the 2007 Drinking Driving and the Act on Special Cases Concerning the Settlement of Traffic Accidents; (b) the Defendant was punished twice due to the 2008 Unlicensed Driving and the Traffic Criminal Act; and (c) on April 3, 2017, when issued a summary order of KRW 1 million due to the crime of unlicensed Driving, he did not know at least three months; and (d) the Defendant again carried out drinking and unlicensed driving at the time of the lapse of three months; and (e) the control period of drinking is about 19:42.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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