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(영문) 제주지방법원 2016.07.22 2016고단961
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 6, 2016, the Defendant: (a) driven a motor vehicle while drunkly drinking at approximately 0.102% of alcohol alcohol level from the 1km section to the roads front of the central branch of the Agricultural Cooperative, the Defendant, on February 6, 2016, driving a motor vehicle with B-wing freight level without obtaining a driver’s license, under the influence of alcohol level of about 0.102%, from the 1km section to the 671st road of the Handong-si, the Handong-gu, Jeju-si, the Handong-si, the Handong-si, located in the 231-do Handong-ro.

2. On February 18, 2016, the Defendant driven a B-wing truck without obtaining a driver’s license in the section of approximately 6 km from the front and the front and front of the road in the Seopo-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the third and front roads of the C-riwon located in the same City/Do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, 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: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures: The punishment shall be determined as per the order, taking into account all of the following circumstances of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.:

The favorable circumstances: The facts of the crime are recognized and considered to be all more favorable: The fact that the punishment of the fine for the same kind of crime was made several times, but at any time without any awareness, the amount of alcohol concentration in the blood is high, and other reasons are above the motive and circumstances of the crime, circumstances after the crime was committed, the defendant's occupation, age, and family relationship.

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