logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.02.09 2016고단2425
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 June 27, 2008, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine for a crime of violating the Road Traffic Act, and on August 8, 2012, the Jeju District Court sentenced a fine of KRW 3.5 million to a crime of violating the Road Traffic Act.

On October 2, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle at around 01:30, driven a motor vehicle of Bniki in the section of approximately 100 meters from the Switzerland, which is located in the south-dong of Jeju City, from the Do in Jeju to the Do in front of the Do in Jeju City, while under the influence of alcohol of 0.118%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime under the influence of alcohol without a driver’s license even though he was sentenced to a fine twice due to the crime of drinking alcohol driving and the driver’s license was revoked due to the crime of driving under the immediately preceding drinking. In light of the fact that the Defendant’s blood alcohol concentration level at the time of the instant crime was high, the Defendant should be strictly punished.

However, the defendant confessions all of the crimes of this case, and the defendant is also punished by a fine for the same and different types of crimes.

arrow