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(영문) 제주지방법원 2016.06.17 2016고단638
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On January 4, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court, and on June 3, 2014, the same court issued a summary order of KRW 5 million for the same crime, etc.

[2] On March 19, 2016, the Defendant: (a) driven a BF small-scale car under the influence of alcohol content 0.156% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from around 2km to the front road of the friendly Public Co., Ltd. moving in the same City/Do from March 19, 2016 to the front road of the friendly Public Co., Ltd. in the same City/Do.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. A written appraisal of alcohol during blood;

1. Inquiries into the ledger of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation report on the past records of the same kind of crime);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

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

1. Selection of punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order to observe protection and attend lectures: Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. is deemed to show that the defendant, for the reason of sentencing, seems to have followed the driver's license under the influence of drinking at the latest;

However, despite the fact that drinking or non-licensed driving is a criminal act that seriously exposes citizens to a large risk, the defendant seems to repeat drinking or non-licensed driving without any particular awareness of the crime, and is now likely to be subject to a fine even if it is regulated or regulated.

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