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(영문) 제주지방법원 2017.02.16 2016고단2726
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

【The Defendant issued a summary order of KRW 1.5 million at the Jeju District Court on August 14, 2009 to a fine of KRW 1.5 million for a violation of the Road Traffic Act; on February 24, 2011, the above court issued a summary order of KRW 4 million for a violation of the Road Traffic Act; and on April 21, 201, on April 21, 201, the above court was sentenced to a suspended sentence of two years, protection observation and order to attend the course for six months for a violation of the Road Traffic Act.

【Criminal facts】 On November 29, 2016, the Defendant driven a B-wing truck without obtaining a driver’s license, while under the influence of alcohol concentration of about 0.163% in the blood, from the front side of the “Guangpo-dong, So-called So-called So-dong” to the upper right side of the same kind, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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

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 reason for sentencing under Article 62-2 of the Criminal Act on September 8, 2009, the Defendant committed the instant crime by driving under drinking without a driver’s license even though a driver’s license was revoked on September 8, 2009. The Defendant’s blood alcohol concentration level at the time of the instant crime is high 0.163%, and the Defendant’s blood content level is high.

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