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(영문) 제주지방법원 2015.04.20 2015고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 15, 2015, the defendant was sentenced to imprisonment with prison labor for a crime of bodily injury resulting from confinement in the Jeju District Court on January 15, 2015, and is currently detained in the court and is under confinement in the current Jeju Correctional Institution, and is still pending in the appellate trial.

On December 30, 2014, the Defendant, without obtaining a driver’s license at around 21:20 on December 30, 2014, driven an OM car at a level of 3 km from the roads near 290-gil, Seopo-ro, 27, Seopo-ro, 290, Seopo-si, Seopo-si, Samsung Machinery Industrial Complex, which is located in 2279-6, in the state of under the influence of alcohol concentration of 0.0%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, certificates of confinement, investigation reports (reports attached to written judgments, etc. concerning suspects) and statutes;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (2) 3, 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 a sentence: A majority of the previous criminal records ( ① a fine of three million won, such as a violation of the Road Traffic Act, by the Jeju District Court on November 10, 1999; ② a suspension of six months, such as a violation of the Jeju District Court on January 18, 2002; ③ a suspension of ten years, such as a violation of the Road Traffic Act, by the Jeju District Court on February 13, 2004; ④ a violation of the Jeju District Court on October 30, 2004; ⑤ a fine of three million won on May 20, 2010; and ⑤ a fine of three million won on June 3, 2012; and

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