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(영문) 제주지방법원 2016.12.13 2016고단2426
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

[criminal power] On February 26, 2008, at the Jeju District Court, the Defendant received a fine of one million won for a violation of the Road Traffic Act (driving) and a summary order of three million won for a violation of the Road Traffic Act (driving) from the above court on August 17, 2016, respectively.

【Criminal Facts】

On October 19, 2016, the Defendant driven a motor vehicle with two highest directions within five kilometers from the road near the Eastern market in Jeju-do to the front road in Jeju-do without obtaining a driver's license for a motor vehicle on October 21, 2016, while under the influence of 0.092% of blood alcohol level.

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: Application of inquiries, such as criminal records, and summary order 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 conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

A favorable circumstances: A favorable circumstance that recognized all the facts constituting an offense: The two times has the record of being punished by a fine for the same kind of crime; and there is no long time to have been punished by a fine for the same kind of crime on July 31, 2016; therefore, the Defendant appears to lack awareness of traffic-related crimes, such as running up to the crime of this case, etc.

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