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(영문) 제주지방법원 2014.06.27 2014고단675
도로교통법위반(음주운전)등
Text

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

[criminal power] On March 25, 2013, the Defendant is an employee of the Ka Center. On March 25, 2013, the Jeju District Court issued a fine of KRW 1 million for a violation of the Road Traffic Act, and on August 22, 2013, a fine of KRW 5 million for the same crime, etc. at the same court on August 22, 2013, the same kind of power is more than twice.

【Criminal Facts】

On March 11, 2014, at around 23:35, the Defendant driven a motor vehicle of approximately 300 meters from the alleyway near the aftermath of Jeju Island to the front of the southwest area of the same Dong without a driver’s license in the state of 0.127% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to judgments of the same kind as suspects, etc.);

1. Relevant provisions of Article 148-2 (1) 1, 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 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The criminal records of the defendant for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol in the blood of this case, the circumstances of the crime, etc.

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