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(영문) 제주지방법원 2016.05.12 2016고단391
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2007, the Defendant was punished for violating Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court on December 6, 2007, and by issuing a summary order of KRW 1.5 million for the same crime at the same court on January 27, 2016.

On February 7, 2016, at around 15:30, the Defendant driven a DNA car with alcohol content of about 0.117% while under the influence of alcohol without a motor vehicle driver's license, from the front of the Defendant's house located in Jeju City, to the front of the 14-lane in the same city-type 3-lane, and from the 5-km section to the front of the separate apartment, the Defendant driven a DNA car with alcohol content of about 0.17%.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

1. Investigation reports and investigation reports (the application, etc. of the aforementioned dmark formula);

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the results of investigation, reporting on investigation (verification of driving records at least twice) and application of summary order statutes;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the record of having been sentenced to a fine twice due to drinking driving. However, even though the driver’s license was suspended due to driving of drinking, the Defendant is driving under the influence of drinking without a license on January 27, 2016 even before the summary order was finalized on January 27, 2016.

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