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(영문) 제주지방법원 2016.06.15 2016고단542
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 March 22, 2016, at around 02:41, the Defendant driven B car in the section of approximately 30 meters from the Do in front of the mutual influence 0.251% alcohol level while under the influence of alcohol during blood without a driver’s license, to the 44th to the male of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, inquiry of the results of crackdown on the driving of drinking, statement of the circumstances of driving of drinking, and related photographs;

1. The driver's license ledger and the driver's license ledger;

1. Previous conviction: The application of Acts and subordinate statutes of inquiry about criminal history and investigation report (a copy of summary order);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

Conditions unfavorable to the reasons for sentencing: (a) The concentration of Algo is very high in the blood, (b) the same previous conviction and two times [1.5 million won in the Jeju District Court Decision 500,000 won in the case of a violation of the Road Traffic Act (toxicly Driving) on August 7, 209, and (b) a fine of three million won in the case of a violation of the Road Traffic Act (Non-licensed Driving) on July 4, 2013];

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