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(영문) 제주지방법원 2016.09.28 2016고단1493
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

【The Defendant issued a summary order of KRW 1 million at the Jeju District Court on August 3, 201, to a fine of KRW 200,000,000 for a crime of violating the Road Traffic Act, to a fine of KRW 5 million at the same court on November 29, 2012, and to a summary order of KRW 7 million for the same crime at the same court on April 14, 2015, respectively.

【Criminal facts】 On July 2, 2016, the Defendant driven a DNA vehicle without a driver’s license, while under the influence of alcohol leveling 0.234% in the 2km section from the Defendant’s house located in Seopopo City, Seopo-si, Seopo-si, the same city to the roads of about 1113:5.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. A photograph description;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a summary order of drinking driving force);

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. 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. In light of the following circumstances, the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend education: The circumstance unfavorable to the recognition of the facts of crime and reflect: The fact that the driver's license is revoked by driving under the influence of alcohol, and the quality of the crime is not good; the alcohol concentration in the blood at the time is high to 0.234%; and the fact that there was a record of receiving criminal punishment (criminal punishment) three times for the crime of violating the Road Traffic Act (driving) (0.054% of alcohol concentration in the blood while driving under the influence of alcohol on June 28, 201; 0.216% of alcohol concentration in the blood while driving under the influence of alcohol on September 21, 201; 0.143% of alcohol concentration in the blood among driving under the influence of alcohol on February 26, 2015; 0.3% of alcohol content in the instant case); and

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