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(영문) 제주지방법원 2016.07.13 2016고단869
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 April 2, 2016, at around 00:56, the Defendant driven a motor vehicle of about 3km with alcohol content of 0.09% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the previous farm road, which is located in the Jeju-si, Jeju-do, to the front road of the entrance of the distinguished village in the same hour.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and report the circumstances of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances that are favorable to the determination of the sentence as ordered in consideration of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact that the facts of the crime are recognized and reflected: The degree of alcohol content in blood at the time is high to 0.099%; the defendant has been subject to criminal punishment (criminal penalty) three times due to driving under the influence of alcohol or without a license; in particular, the defendant was under the influence of driving without a license on February 18, 2016, driving without a license on driving on March 17, 2016 (0.140%) and driving without a license on March 17, 2016, and was under the control of driving without a license on March 17, 2016. The defendant repeated the same crime for a short time: The defendant's age, sex, environment, etc.

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