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Reasons
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(영문) 제주지방법원 2016.11.18 2016고단2030
도로교통법위반(음주운전)등
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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

The Defendant is a person who has driven a motor vehicle under the influence of alcohol on February 6, 2009 with a blood alcohol concentration of 0.084% and on February 10, 2015 with a blood alcohol concentration of 0.141% under the influence of alcohol on February 6, 2009 and violated the prohibition on driving a motor vehicle under the influence of alcohol on at least two occasions.

On July 22, 2016, around 13:17, the Defendant driven B flob truck truck under the influence of alcohol concentration of 0.083% without obtaining a driver’s license on the road at approximately 1km section from Jeju Folk Day Market, 26, Dogro 106-17, Dogro Dogro 106-17.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, summary orders, and the application of a copy of judgment statutes;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

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;

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

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

Reliable normal circumstances: The fact that all facts of crime are recognized and reconvened.

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