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(영문) 제주지방법원 2016.06.23 2016고단548
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 27, 2013, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and a summary order of KRW 2 million for the same crime at the same court on April 6, 2015.

[2] On January 11, 2016, the Defendant driven a B B B B B B B motor vehicle with alcohol content of 0.070% under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters in front of the upper 22:10 square meters in Han-gu, Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-si to the front road in the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and report on investigation (report on confirmation of the judgment of the same type of crime);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was sentenced to a fine four times due to drinking driving prior to the instant crime, and the Defendant committed the instant crime by drinking while driving a motor vehicle with no driver’s license on April 10, 2015, even though the driver’s license was revoked due to drinking driving on April 10, 2015.

However, the defendant confessions all of the crimes of this case and repents his mistake, the defendant's blood alcohol concentration is not very high, and the same crime shall be fined.

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