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(영문) 제주지방법원 2016.09.02 2016고단1250
도로교통법위반(음주운전)등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2016, at around 22:45, the Defendant driven a blood alcohol 0.195% under the influence of alcohol, without obtaining a driver’s license, a 1-meter d d d d gaf truck on the front side of Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The fact that all facts of crime are recognized and circulated, and the situation that the vehicle is driven in order to correct the location of the delivery vehicle that is mistakenly parked while Maart service and there are some circumstances to be taken into account: The fact that there are three times the history of punishment of fines for the same kind of crime, and that the blood alcohol concentration is very high. It is decided as per the disposition by the reason that driving distance, motive and circumstance of the crime, circumstance after the crime, the defendant's occupation, age, and family relationship are higher.

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