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(영문) 제주지방법원 2013.05.02 2013고단322
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2007, the Defendant received a summary order of KRW 2 million from the Jeju District Court on September 23, 201 due to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving) on September 23, 201.

On March 12, 2013, at around 20:03, the Defendant: (a) from the new Jeju Office in Jeju Island 276-9, to the maritime horse located in the same city-to- Han forest-Eup, the Defendant: (b) obtained a driver’s license at approximately 30 KK section; (c) was under the influence of alcohol with a blood alcohol concentration of 0.162% without obtaining a driver’s license; and (d) driven a car.

Summary of Evidence

1. Defendant's legal statement;

1. An inquiry into the results of the control of drinking driving, a report on the proper driving of a drinking driver, and a driver's license inquiry report;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jun. 2, 201; Supreme Court Decision 201Do148, Jun

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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