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(영문) 제주지방법원 2013.09.05 2012고합337
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 2, 2006, the Defendant, at the Seoul Southern District Court, issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act (driving) at the Seoul Southern District Court, on March 25, 2008, a summary order of KRW 5 million for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and the crime of violation of the Road Traffic Act (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) at the same court on March 25, 2008. However, on August 31, 2012, the Defendant, without a vehicle driver's license, driven C rocketing or other car at approximately 10km from the Mopo Port located in Seopo-si, Seopo-si, Seopo-si without a vehicle driver's license at around 0.110% under the influence of alcohol on August 31, 2012

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the status of a prime driver, the report on the primary driver, the driver’s license ledger (A), and the statement of blood alcohol appraisal;

1. Each previous conviction in judgment: Application of criminal records and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as the favorable circumstances of the reasons for sentencing) takes into account the following circumstances into account: (a) the Defendant had been punished twice for the same crime; (b) the Defendant has committed repeatedly each of the instant crimes; and (c) the fact that the amount of alcohol content is high; (d) the Defendant has no criminal record more than the fine, except the suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act on the Punishment, etc. of Violences, around 1995; and (e) the Defendant has no criminal record more severe than the fine; and (e) the Defendant’s age, character, family and social environment, the background of the instant crime

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