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(영문) 제주지방법원 2016.04.27 2016고단272
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

【Criminal Records of Crimes】 On March 11, 2013, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Jeju District Court, and KRW 3 million as a fine in the same court on April 8, 2014.

【Criminal facts” from around 00:00 on November 3, 2015 to around 04:28 of the same day, the Defendant driven B Ethp car under the influence of alcohol content of about 0.118% without obtaining a driver’s license in the section of about 2km in the front of the 1st century, which is located in the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Report on investigation (suspects' suspicions);

1. Photographs at the time of detection;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to a copy of a summary order, etc. against the suspect);

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. The circumstances that are favorable for sentencing under Article 62-2 of the Criminal Act: The fact that the sentence is determined as ordered in consideration of the following circumstances as the reasons for sentencing under Article 62-2 of the Order to Attend: The fact that the facts of the crime are recognized and reflected, the fact that there is no record of criminal punishment heavier than the fine, and that there is no record of criminal punishment heavier than the fine: the degree of alcohol concentration in the blood at the time is higher than 0.118%, the fact that the crime is not good that the driver's license of the instant case was revoked due to drinking, and that there is a record of criminal punishment twice due to the violation of the Road Traffic Act: the defendant's age, sexual behavior, environment

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