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(영문) 제주지방법원 2016.11.30 2016고단2282
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

1. On June 19, 2016, the Defendant was under the influence of alcohol at 0.210% of the blood alcohol level around 19:30 on June 19, 201, and without obtaining a motorcycle driver’s license, the Defendant driven a motorcycle of at least 300 meters and less than 50cc, from the front of the galthal galthal gallon on the falthal line to the front of the galthal road located on the same side.

2. The Defendant in violation of the Automobile Accident Compensation Act is a motor bicycle owner with the above unregistered 50cc or less of 50cc.

As stated in Paragraph 1, the Defendant operated a non-registered motorcycle that has not been covered by liability insurance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (2) 1, 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 of the same Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

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

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

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

1. Order to attend a lecture: It shall be decided as per Disposition on the grounds of Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

Conditions unfavorable to the reasons for sentencing: the previous and three times ( ① a fine of two million won for the Sungwon District Court in violation of the Road Traffic Act on September 10, 2007, ② a fine of one million won with the Suwon District Court in violation of the Guarantee of Automobile Accident Compensation Act on October 17, 2008, ③ a fine of one million won with the Suwon District Court in violation of the Guarantee of Automobile Accident Compensation Act on November 18, 201, ③ a fine of four million won with the Jeju District Court in violation of the Road Traffic Act on November 18, 2014)

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