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(영문) 제주지방법원 2016.09.06 2016고단969
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 power] On June 5, 2007, the Defendant had the record of having been punished for violating Article 44(1) of the Road Traffic Act, such as a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on July 29, 201; a summary order of KRW 2 million for the same crime in the same court on July 29, 201; and a summary order of KRW 5 million for the same crime in the same court on September 15, 2015.

【Criminal Facts】

On May 11, 2016, at around 23:40, the Defendant driven B A6 vehicle under the influence of alcohol content of 0.061% without a car driver’s license from a section of approximately 300 meters in front of the apartment site of “B depositing” located in the same Dong around the Jeju Island.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

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

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and summary order statutes;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 1, 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. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:

A favorable circumstances: A favorable circumstance that both facts of crime are recognized and considered to be met: Although the past record of the punishment of a fine for the same kind of crime was four times, it has not yet been long after the final punishment was imposed, and the defendant is a compliance consciousness for traffic-related crimes.

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