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(영문) 제주지방법원 2017.06.09 2017고단555
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 22, 2017, the Defendant, at around 04:05, driven a BN-type car without a driver’s license, while under the influence of alcohol content of approximately 0.242% in the 3km section from the lux street to the 3km-ro, Jeju-ro, Jeju-ro, 232.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 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 under Article 62-2 of the Social Service Order Criminal Act is that the Defendant was punished five times by a fine due to the same type of crime, such as drinking or driving without a license after 2000, the Defendant committed the instant crime again after the driver’s license was revoked due to drinking driving. The Defendant’s blood alcohol concentration at the time of the instant crime, the Defendant’s age, environment, and conditions for sentencing, such as the following: (a) the Defendant’s age, and the circumstances after the instant crime, shall be determined as ordered by the disposition.

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