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(영문) 제주지방법원 2019.05.02 2018고단2013
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 14, 2018, the Defendant, without obtaining a driver’s license at around 06:41 on April 14, 2018, drive E vehicles in the state of drinking alcohol concentration of approximately 500 meters from the front day of the mutual influent drinking house B to the front day of the D cafeteria in C.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the state of state of driver's licenses, investigation reports (report on the state of driver's licenses), inquiry reports on the control of drinking driving, and

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the order to provide community service is a state of disadvantage because the crime of this case was driven under the influence of a license without permission, and the crime of this case is bad, three times the criminal records of the violation of the Road Traffic Act, one time the criminal records of the violation of the Road Traffic Act, and one time the criminal records of the violation of the Road Traffic Act are committed against the defendant.

However, it is advantageous to the fact that the defendant recognized the facts charged and is against the defendant, and the degree of the defendant's exploitation is very high.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

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