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(영문) 제주지방법원 2015.04.10 2015고단163
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 20, 2013, the Defendant was issued a summary order of KRW 3 million by the Jeju District Court due to a violation of the Road Traffic Act (driving) and the summary order became final and conclusive on September 3, 2013. On November 12, 2014, the above court was sentenced to a fine of KRW 6 million due to a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive.

【Criminal Facts】

On January 25, 2015, the Defendant, at around 00:40, driven a car in the SP area without obtaining a driver’s license from around 3 km section from around the “q hotel” road in Jeju Island to the front road of the “har-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-hor-h

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstantial statement of the employee;

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

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, etc., inquiry inquiry reports, judgment, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal facts and the choice of punishment: Articles 148-2 (1) 1, 44 (1) (the point of a sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

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. Orders to put probation and attend lectures: 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 disposition, considering all of the following circumstances:

The favorable circumstances: The circumstances that are recognized as all the facts of crime and shown that they are divided through a prison life for not less than 3 months: The fact that they have been punished for the same kind of crime, and other reasons such as the motive and circumstances of the crime, the circumstances after the crime, the occupation and family relationship of the defendant, etc.

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