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(영문) 제주지방법원 2017.11.28 2017고단2540
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

On August 5, 2017, the Defendant, without obtaining a driver’s license for a vehicle at around 11:00, driven a CKaren II car at approximately 5 meters in approximately 213 meters in the middle door-based parking lot located in Seopo-si 213, Seopo-ro 5, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 03, 00.

Summary of Evidence

1. Statement by the defendant in court;

1. An accident scene photograph and a survey report on actual conditions;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver who is placed in driving (including notification of the results of regulating drinking driving);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (2) 2 and Article 44 (1) of the same Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include five times the criminal records of punishment for the crime of unlicensed driving (200, 2004, 2013, 2014, and 2015). Furthermore, even if the driver's license was revoked due to drinking driving on or around March 201, the driver's license was punished twice or without a driver's license was revoked on or after two occasions, and there was one time the history of punishment for the crime of drinking driving. The number of alcohol concentration was considerably high at the time of driving of the instant case. The motive and circumstances leading up to driving, the time and details of the punishment for the above traffic crime, the defendant's age, sex, environment, circumstances, circumstances of crime, health conditions, etc. shall be determined as stated in the order of the instant case.

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