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(영문) 제주지방법원 2016.07.20 2016고단970
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

【The Defendant is a person who has been punished for violating Article 44(1) of the Road Traffic Act on July 5, 2012, by issuing a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court on July 5, 2012, and by receiving a summary order of KRW 5 million for the same crime at the same court on July 11, 2013, respectively.

【Criminal fact-finding on May 21, 2016, the Defendant driven a C-wing truck under the influence of alcohol content of about 150 meters from May 21, 2016 to the 150-meter radius from the roads adjacent to the Haak apartment located in the Haakdong-dong, Jeju-si, to the roads adjacent to the Cheongbuk-dong, the same time, without a vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (Attachment to a written inquiry as a result of crackdown on drinking driving), and application of summary order Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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. In light of the following circumstances, the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend the lecture: The fact of the crime is recognized and reflects the fact of the crime, and there is no record of criminal punishment heavier than the fine: The degree of alcohol content in blood at the time is higher than 0.130%, the degree of crime is not good, while the driver's license was revoked due to the driving of alcohol at the time, and the fact that there is a record of being subject to criminal punishment on two occasions due to the violation of the Road Traffic Act (the penalty) (the degree of alcohol concentration in blood alcohol during driving on June 10, 2012).

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