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(영문) 제주지방법원 2017.06.22 2017고단452
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was sentenced to ten months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on June 11, 2014.

On November 9, 2016, the Defendant driven a Crocketing car under the influence of alcohol content of 0.276% in blood without a driver’s license from the front side of the escape apartment, which is moving from the front of the escape apartment, to the front side of the Gu Youth Oral Village in the same city-dong around that time, from around 3km to the Gu Youth Oral Airport in the same city-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. A written appraisal of alcohol among bloods;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are all considered, and the following circumstances should be considered in particular: (a) the Defendant committed each of the instant offenses even if he/she was punished by a fine on two occasions due to drinking and non-licenseing driving during the period of a repeated crime due to his/her previous conviction; (b) the Defendant committed each of the instant offenses; (c) the circumstances favorable to the fact that alcohol concentration in blood is very high: reflects: (d) the Defendant must support minor children and his/her parents; and (e) the health of his/her old parents is not good.

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