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(영문) 제주지방법원 2017.12.22 2017고단1938
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 history] On January 7, 2008, the Defendant was sentenced to a suspended sentence of two years for six months with prison labor due to a violation of road traffic law in the Busan District Court's Dong branch branch branch. On September 8, 2015, the Jeju District Court issued a summary order of three million won with fines due to a violation of road traffic law (driving of alcohol) at Jeju District Court's Jeju District Court.

[Criminal facts] On July 6, 2017, the Defendant driven B SL125S Meba under the influence of alcohol concentration of about 0.084% in the blood without a bicycle driver’s license from the Do in front of the sex mountain port located in the Sungsan-Eup, Seopo-si, Sungpo-si, Sungpo-si, Sungpo-si, Sungpo-si to the intersection of 1116-10, Seopo-si, Sungpo-si, Sungpo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of opportune of a suspect driving and driving without a license), and Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation is that the defendant's driver's license was revoked due to driving at around 2007, and the crime of repeatedly driving without a drinking license without obtaining a license.

However, the sentencing conditions, such as the alcohol concentration, driving background, and the defendant's age, environment, and circumstances after the crime at the time of the instant case, shall be determined as ordered in consideration of all the circumstances constituting the conditions for sentencing.

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