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(영문) 제주지방법원 2015.07.24 2015고단616
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the Jeju District Court, and was sentenced to a suspended sentence of 5 million won for the same crime. On March 10, 2015, the Defendant was sentenced to a summary order of 5 million won for the same crime. On July 4, 2012, the Defendant was sentenced to 6 months of imprisonment on January 14, 2013.

On April 25, 2015, the Defendant, without obtaining a driver’s license on April 11:15, 2015, driven a dbee or car at a level of 4 km from the Defendant’s residential environment in Seopo-si C, to the 1-52 front road in Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

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

1. Records before judgment: Application of inquiry reports, such as criminal records, and prosecution reports (including the current status of personal identification and confinement);

1. Relevant legal provisions and the choice of punishment for a crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 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. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation: A favorable circumstance should be that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act recognize all the facts constituting the crime of this case and reflects them.

However, the Defendant was sentenced to a fine on March 10, 2015, since he was found to have been sentenced to a fine on several occasions due to drinking and non-licensed driving, and was sentenced to a fine on March 10, 2015, after being sentenced to a suspended sentence due to an act of drinking driving in around 2009, and was sentenced to a criminal act such as without a license during the suspended sentence, and was sentenced to a repeated crime on January 21, 2015.

Nevertheless, it is not possible.

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