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(영문) 제주지방법원 2014.02.06 2013고단1526
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 July 9, 2013, the Defendant was sentenced to a fine of one million won by the Jeju District Court as a crime of violation of the Road Traffic Act.

1. On August 7, 2013, at around 19:30, the Defendant driven a DNA-learning car at a section of about 100 meters from the front day of Seogpopo City C to the front distance of the Eup/Myeon center at the same Eup/Myeon center under the influence of alcohol level of 0.105%.

2. On November 13, 2013, at around 20:10, the Defendant driven a DNA-learning car under the influence of alcohol content of about 0.067% without a car driver’s license, from the front of a cafeteria in the mutual unclaimed restaurant located in Chocheon-si, Seocheon-si, Seopo-si, Seopo-si to the front of the 20:40 on the same day, and from around 25:40 on the same day, the Defendant was driving the D-learning car without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of each drinking driver, report on detection of each drinking driver, and the register of driver's licenses;

1. Previous records before ruling: Application of inquiry reports including criminal records, and investigation reports (components, such as copies of summary orders);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point referred to in paragraph (1) at the time of market sale), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point referred to in paragraph (2) at the time of market sale), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do148, Jan. 1, 201; 201Do148, Feb.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;

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