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(영문) 제주지방법원 2017.06.23 2016고단2714
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 October 14, 2016, the Defendant was under the influence of alcohol content of 0.245% during blood transfusions, without obtaining a driver’s license, and the Defendant driven BM5 vehicle from the public parking lot in the East-ro market in Jeju-ro 7-5, the same sentence to the entrance of the said parking lot to the extent of 5 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to traffic accident reports;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the crime of this case, the defendant has the record of being sentenced to a fine due to driving of alcohol in 2003, 2005, and 2016. In particular, the fine in 2016 is related to driving of self-driving on March 27, 2016, and each of the crimes of this case was committed at the time when seven months have not elapsed since the crime of this case was committed, it is very poor to commit the crime of this case.

In addition, even if the driver's license was revoked on June 10, 2016 due to the driver's license on March 27, 2016, the blood alcohol concentration is very high, and the driver's license was revoked on March 27, 2016, there is a high possibility of criticism.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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