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(영문) 제주지방법원 2020.06.04 2020고단874
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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 August 24, 2015, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Jeju District Court.

The defendant is a person who is engaged in driving a motorcycle B.

Around 15:20 on March 30, 2020, the Defendant driven the above motorcycle while under the influence of alcohol 0.118% in the 4km section from the D upper end of the D upper end in Western City C to the Eth day without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Report on the state of the state of the driving without a driver's license, report on the state of the driving without a driver's license, on the state of the driving without a driver's license, on-site photographs, control records, notification of 112 reported cases, on the vehicle register, and on the driver's license register;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, the selection of imprisonment for a crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the crime of this case is committed in a state of drinking and driving a sports machine or bicycle without obtaining a license, and the nature of the crime is not somewhat weak, that the defendant has the record of punishing him as the crime of violating the Road Traffic Act and the crime of violating the Road Traffic Act, and that the degree of driving is relatively high.

However, it is more favorable to the fact that the defendant recognizes the facts charged and seriously reflects the defendant, and the danger of the defendant's vehicle is more dangerous than the vehicle driving.

The age, character and conduct, environment, and means and results of crimes of defendants;

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