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(영문) 제주지방법원 2016.04.07 2015고단1790
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

[criminal history] On November 15, 2007, the Defendant was sentenced to a suspended sentence of 4 months for a crime of violating road traffic laws at the Jeju District Court on April 15, 2007. On September 14, 2015, the Jeju District Court issued a summary order of 4 million won for a crime of violating road traffic laws.

[2] Around 11:40 on December 4, 2015, the Defendant, without a driver’s license, driven a vehicle of approximately 1 km from the front of the “Yeopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, with a alcohol content of 0.181% in alcohol while under the influence of alcohol during blood, to the roads adjacent to the roads adjacent to the same Eup/Myeon in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. Statement report on the circumstances of driving at home and report on traffic accidents;

1. Data to notify the results of regulating driving of alcohol and inquire into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, have the history of being punished four times due to drinking, driving without a license, and driving of a motor vehicle. C) In light of the fact that the Defendant committed the instant crime only three months after the issuance of a summary order of a fine of KRW 4 million due to the violation of the Road Traffic Act (driving of Drinking), the alcohol concentration in blood is considerably high, and the occurrence of a substitute accident by driving of a cargo vehicle, etc., the Defendant is severely punished.

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