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(영문) 제주지방법원 2017.09.14 2017고단1260
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 11, 2017, around 12:15, the Defendant driven B 124cc cala while under the influence of alcohol with approximately 300 meters alcohol concentration 0.274% while under the influence of alcohol in the blood, without obtaining a motor device bicycle license from the front of the “ero cafeteria cafeteria” in the Hando-Eup, Han-gu, Jeju, Han-do. to the front road of the 665-1, the Han-gu, Jeju, Han-do, Han-ro, Han-ro, Han-do.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of the relevant Acts and subordinate statutes to relevant photographs and a survey report on actual conditions;

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The observation and observation of protection and the reason for sentencing under Article 62-2 of the Social Service Order Act: Various conditions of sentencing specified in the argument of the instant case are considered. In particular, the unfavorable circumstances that reflect the following circumstances: A person has been punished several times due to a violation of Road Traffic Act (unlicensed driving), the concentration of alcohol in the blood of the instant case is high, and the occurrence of traffic accidents is also considered;

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