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(영문) 제주지방법원 2017.06.09 2017고단526
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On September 14, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violating road traffic law at the Seoul Western District Court, and a summary order of KRW 3.5 million for the same crime at the Jeju District Court on February 25, 2016.

[2] On March 4, 2017, the Defendant driven a C QM5 vehicle without obtaining a driver’s license on a section 200 meters at the entrance of the company company at Hando from the front of the entrance of the refining room, which is 0.141% of alcohol content, during blood transfusion around 08:45, to the front of the entrance of the company company, under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A driver's license inquiry;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (a confirmation of the same kind of records for each suspect involved in the three-dimensional relationship);

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the instant crime was committed after the driver’s license was revoked due to blood alcohol concentration at the time of the instant crime; and (b) the Defendant’s age, family relationship, environment, etc.; and (c) the punishment as ordered shall be determined by taking into account all the circumstances following the instant crime, including circumstances after

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