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(영문) 제주지방법원 2016.09.21 2016고단1099
도로교통법위반(음주운전)등
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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

On April 21, 2016, the Defendant driven a Category C cargo vehicle under the influence of alcohol content of 0.121% in alcohol without obtaining a driver’s license from the Do in front of the beautiful-dong, the beautiful-do, Jeju-si, and the front road in front of the west-gu, Jeju-si, Jeju-do, to approximately 2km-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification of the results of regulating drinking driving, details of crackdown, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (2) 2, 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. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: Imprisonment with prison labor for the same criminal history and four times (excluding ① a violation of the Road Traffic Act on March 12, 2004, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Road Traffic Act on March 12, 2004), and imprisonment with prison labor for three years and six months, ② a violation of the Road Traffic Act on April 10, 209 (b) a violation of the Road Traffic Act on April 15, 2009, KRW 1.50,000 won, a fine of 1.5 million,50,000 won, a fine of 1.5 million,00,000 won, a fine of 1.5 million,00,000 won, and ④ a violation of the Road Traffic Act on April 20, 2010, and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a thief, etc.);

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