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(영문) 제주지방법원 2016.08.17 2016고단1032
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 17, 2010, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Jeju District Court, and issued a summary order of KRW 4 million for the same crime at the same court on October 6, 2015.

On June 4, 2016, the Defendant is under the influence of alcohol content of 0.062% during blood in around 22:57, and without obtaining a driver’s license, the Defendant is under the influence of alcohol of 0.062% during blood, and the Defendant is under the influence of 6874 (Gu Council) during the period from the roads near the port of the B/L in the B/L in the B/L in the Jeju-si B/L in the Jeju-si B/L

2 km up to the front road of the fishery vehicle industrial engineer in front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order of the same criminal act as the suspect) shall be made;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. In light of the following circumstances, the reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend a lecture: The fact of crime is recognized and reflects the fact of crime, the fact that there is no record of criminal punishment heavier than a fine: The fact that the driver's license was revoked due to drinking, while driving of the instant drinking, it is not good to commit the crime by driving of the instant drinking, and the fact that there is a record of being subject to criminal punishment (criminal penalty) three times for the crime of violation of traffic laws (the alcohol concentration in the blood of the driver's driving on October 4, 2006; 0.278% of alcohol concentration in the blood of the driver's driving on August 17, 2010; 0.115% of alcohol concentration in the blood of the driver's driving on August 22, 2015; 0.137% of alcohol concentration in the blood of the drinking on August 2, 2015) and other alcohol concentration in the instant case.

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