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(영문) 제주지방법원 2016.08.18 2016고단967
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 February 18, 201, the Defendant was issued a summary order of KRW 3 million for a violation of road traffic law in the Changwon District Court's Jinju branch on February 18, 201, a summary order of KRW 3 million for the same offense in the same court on December 16, 2014, and a summary order of KRW 7 million for the same offense in the same court on July 21, 2015, respectively.

On April 8, 2016, the Defendant driven a BP motor vehicle in the state of alcohol alcohol content of about 300 meters from the road in front of the new Jeju Integrated Market, which is linked around 00:00 to the new Jeju Road in the same Dong around that time, to the new Jeju Road in the same Dong without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of driving records under drinking not less than twice) and application of summary order Acts and subordinate statutes;

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 among the reasons for sentencing)

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

1. The Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act, committed the instant crime in spite of the fact that he/she was subject to a summary order of fines on two occasions due to drinking driving and driving without a license, even though he/she had the record of being sentenced to a summary order of fines on two occasions due to drinking and driving without a license. Furthermore, the Defendant’s driver’s license is driving on March 5, 201.

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