logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.05.18 2017고단397
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On October 17, 2008, the Defendant was issued a summary order of 700,000 won of a fine due to a violation of the Road Traffic Act (drinking driving) at the Suwon District Court, and on March 4, 2016, the Defendant was issued a summary order of 4 million won of a fine for the same crime at the Jeju District Court.

The Defendant, as above, committed a crime of violation of the Road Traffic Act (drinking) on two occasions on November 21, 2016, but was under the influence of at least 0.061% of alcohol during blood without obtaining a driver’s license on November 5, 2016, the Defendant driven a Crando XG car on a section of about 500 meters from the roads of the sea 50 meters from the roads of the Jeju-si in front of a non-cafeteria cafeteria to the sea gate in the Jeju-si-si-si, each of which is located in 75777 (this subparagraph).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger (A);

1. References to inquiries, such as criminal history, investigation reports (Attachment to a summary order), and application of Acts and subordinate statutes in Part II of the summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act: The following circumstances should be taken into account, in particular, for the reasons of sentencing specified in the instant argument; circumstances unfavorable to the point that: (a) reflects the favorable circumstances; (b) the blood alcohol concentration is not high; and (c) the driving distance is not long: (a) committed each of the instant crimes even if having been punished several times for the same kind of crimes;

arrow