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(영문) 제주지방법원 2015.05.15 2015고단192
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act at the Jeju District Court on September 8, 201, and a fine of 5 million won for the same crime at the same court on March 12, 2013, respectively.

On January 10, 2015, at around 00:40, the Defendant driven a C L-Wing car without a car driver’s license at a section of approximately 150 meters, under the influence of alcohol content 0.195% while under the influence of alcohol without a car driver’s license, from the road corresponding to the viewing of Jeju-do moving in Jeju-si to the road in front of the car registration office located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (limited to previous records of driving under the same kind of suspect and attachment of written judgments);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. Article 62 (1) of the Criminal Act;

1. In light of the following circumstances, the sentencing of Article 62-2 of the Criminal Act: The favorable circumstances are determined as per the order, taking into account the following circumstances: The recognition of the facts of crime and the reflectivity; and the unfavorable circumstances that there is no record of criminal punishment heavier than the fine: The defendant has been punished several times for a violation of the Road Traffic Act: The defendant's age, character and behavior, environment, and circumstances before and after the crime;

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