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(영문) 제주지방법원 2015.07.23 2015고단429
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who engages in construction business.

On June 5, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on July 29, 201, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on July 29, 201, a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on April 11, 2013, and one year for a violation of the Road Traffic Act (driving) at the Jeju District Court on February 14, 2014 and two years for a suspended sentence. The above suspended sentence becomes final and conclusive on February 22, 2014, and is currently under the grace period.

On March 28, 2015, the Defendant, without a driver’s license on March 28, 2015, driven a vehicle with C low alcohol level of 0.136% under the influence of alcohol with C low alcohol level of 0.136%, from the roads in front of a food-related restaurant adjacent to the Jinju Bank located in the Jeju-si Interconnection to the roads prior to the new store of Jeju Bank located in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The ledger of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1, 44 (1) (not less than three times of drinking driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of driving without a license); 1. 1. Formal concurrence and the choice of punishment: Imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Discretionary mitigation: It shall be decided as per the disposition for reasons not less than Article 53 or 55 (1) 3 of the Criminal Act;

The reasons for sentencing are as shown in the criminal records, in consideration of the fact that the defendant was under suspension of the execution of the same kind of crime within a short time, and the blood alcohol content of this case is very high to 0.136%, the suspension of the execution of the above suspension of execution is invalidated if this judgment becomes final and conclusive, and other all of the various sentencing conditions, including the defendant's age, character and conduct, family environment, etc., as shown in the judgment.

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