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(영문) 제주지방법원 2016.11.10 2016고단1759
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 Power】 On September 12, 2006, the Defendant was notified of a summary order of KRW 2 million by the Busan District Court due to a violation of the Road Traffic Act (hereinafter referred to as the “Food Driving”). On November 30, 2009, the Defendant was notified of a summary order of KRW 3 million by the Jeju District Court due to the same crime, etc. on November 30, 2009, and was sentenced to two years of a suspended sentence of imprisonment with prison labor for the same crime in the same court on March 31, 2010.

【Criminal Facts” around 12:55 on July 5, 2016, the Defendant driven Csch Rexroth car under the influence of alcohol content of about 0.061% without a driver’s license, at a section of about 1km to the front corner of “the class of the class of the class of the classical movable.”

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Statement of control, report on the situation of driving with the driving with the driving, and notification of detection;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture was sentenced to a suspended sentence of eight months for a crime such as violation of the Road Traffic Act in 2000, and was sentenced to a fine of three million won for a crime of violation of the Road Traffic Act in 2005. The above crime committed on April 22, 2005 without obtaining a license again after the cancellation of the driver's license.

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