(영문) 제주지방법원 2014.02.17 2013고단1639

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(영문) 제주지방법원 2014.02.17 2013고단1639

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 June 7, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeju District Court for the crime of violation of the Road Traffic Act, etc., and on September 13, 2013, the same court issued a summary order of KRW 5 million by the same court as the crime of violation of the Road Traffic Act.

At around 22:30 on November 13, 2013, the Defendant driven a mandatory insurance policy at approximately 200 meters away from the Do in front of the restaurant of the Sok Capital Island to the road near the Donnam-distance restaurant located in the same Dong, and without a license for a motorcycle, 49c 0.097% under the influence of alcohol without a license for a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 2 of Article 154 and the main sentence of Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201; Supreme Court Decision 201Do135, Feb. 2

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Order to attend lectures under Article 62-2 of the Criminal Act;