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(영문) 제주지방법원 2016.04.27 2016고단241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Seoul Central District Court on February 25, 2009; on October 29, 2010, the Defendant was sentenced to a summary order of KRW 4 million for the same crime; on August 29, 2010, the Seoul Western District Court was sentenced to a summary order of KRW 4 million for the same crime; on August 28, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles); a violation of the Road Traffic Act (or a violation of the Road Traffic Act) and a violation of the Road Traffic Act (driving).

【Defendant-Appellant” has the record of being punished for violating Article 44(1) of the Road Traffic Act not less than twice, such as the above criminal records.

On December 27, 2015, the Defendant driven CK5 cars with approximately 400 meters alcohol concentration of 0.143% while under the influence of alcohol without a vehicle driver’s license from the front of the cafeteria at Seopopo-si, Seopo-si, Seopo-si, Seopo-si to the center street located in the same Dong around that time through the central street.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A traffic accident report, on-site inspection report, and on-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of the same type of force and the facts under probation period), summary order, and application of the text of the judgment;

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. Circumstances that are favorable to the determination of punishment as ordered by taking account of the following circumstances as to the reasons for sentencing in Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: The degree of alcohol content in blood at the time is zero.

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