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(영문) 제주지방법원 2013.10.18 2013고단1130
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 21, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Jeju District Court, and KRW 3 million as a fine in the above court on February 24, 201.

On July 24, 2013, the Defendant was under the influence of alcohol with a blood alcohol content of 0.204% without obtaining a driver’s license at around 00:50 on July 24, 2013, and driving B Poter at a section of about 400 meters from the intersection of the south principle in the south principle of Seopo-si, Seopo-si to the front road of the “Namwon Oil station” located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquiry reports on detection of drivers, registers of driver's licenses, criminal records, etc.;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

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

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend a lecture: A sentence shall be determined as ordered in consideration of all the following circumstances, taking into account the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc., and Article 69 of the Act: Circumstances which recognize the facts of crime: high blood alcohol concentration and multiple criminal records of the same kind (the fact that there are three criminal records of the same kind in addition to the criminal records): Provided, That the fact that there is no criminal record of a suspended sentence or more, considering other circumstances favorable to the defendant, it shall be decided as per the Disposition

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