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(영문) 제주지방법원 2016.09.30 2016고단1087
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 4, 2012, the Defendant was sentenced to a fine of three million won due to a crime of violating the Road Traffic Act (drinking) at the Jeju District Court on May 4, 2012, and on August 16, 2012, the above court was sentenced to imprisonment for four months and one year of suspended execution.

[2] On April 27, 2016, at around 21:40, the Defendant driven Cmera in the state of under the influence of alcohol concentration of about 0.142% while under the influence of alcohol while under the influence of alcohol concentration of about 50% without a motor device bicycle driver's license from the front of "cultural pain," located in the Sinsan-Eup of Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si to the front road in the 50-meter radius of Sungpo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A written statement of the driver who takes charge;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to a judgment) Acts and subordinate statutes;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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 punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures: The punishment shall be determined as per the order, taking into account all of the following circumstances of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.:

The favorable circumstances: The circumstances that are considered to be favorable to all facts of crime: The fact that the person has been punished once imprisonment for the same crime, once suspension of execution, and three times of fines for the same crime, but at the same time, the crime of this case was committed, and that the amount of alcohol concentration in the blood is driven in a state of being significantly high: alcohol concentration in the blood.

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