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(영문) 제주지방법원 2016.08.16 2016고단528
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On April 28, 201, the Defendant was sentenced to six months of imprisonment and two years of suspension of execution for a crime of violating the Road Traffic Act at the Jeju District Court on April 28, 201, and on July 24, 2014, the Defendant was issued a summary order of a fine of seven million won for the same crime at the same court on July 24, 201, and was in violation of Article 44(1) of the Road Traffic Act on more than two occasions.

[2] On January 6, 2016, the Defendant: (a) while under the influence of alcohol at around 19:45 on a blood alcohol level, the Defendant driven a CKaren car in the CU convenience store located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 3km-si.

On March 26, 2016, the Defendant, while under the influence of alcohol level of 0.254% during blood transfusion around 19:35 on March 26, 2016, driven a D car with D car rental car from around 500 meters from the parking lot of “China Human Resources” located in Seopo-si, Seopo-si, Seopo-si, Seopo-si to the entrance road of “Resung Tech” located in the same city.

Summary of Evidence

1. The defendant's legal statement [2016 order 528];

1. Statement of the circumstances of driving at home;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. On-site photographs (2016 Height 1335);

1. Statement of the circumstances of driving at home;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, copy of the judgment, and copy of the summary order, such as criminal history;

1. Relevant legal provisions concerning facts constituting an offense: Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license). Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Reduction: The defendant for the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act shall not be less than six times only after the year 200 for the same kind of crime.

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