(영문) 제주지방법원 2017.07.14 2017고단996

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(영문) 제주지방법원 2017.07.14 2017고단996

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, at around 23:45, the Defendant driven B car while under the influence of alcohol content of 0.136% without the driver’s license from the section of approximately 500 meters from the section of Jeju, which is located in 2-dong of the Fluence at Jeju, to the front of the elementary school, in the same 6-lane 51 from the front of the Fluence at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the owner, rats, and driver, and records of the reasons for the determination of driver's licenses;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures is that the defendant is recognized to commit the crime, but since the defendant was sentenced to a fine for the crime of drinking without a license in 2005 and 2008, a fine for the crime of driving without a license in 2014, a fine for the crime of driving without a license in 2016, a crime of driving without a license in 2016, and a crime of violating the Special Act on the Settlement of Traffic Accidents,

The numerical value of alcohol concentration in blood is also reasonable.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

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