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(영문) 제주지방법원 2014.09.19 2014고단1050

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2011, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on January 2, 2012, the above court received a fine of KRW 3 million for the same crime.

On July 21, 2014, the Defendant was under the influence of alcohol of 0.092% of blood alcohol concentration at around 03:21, the Defendant driven a Crens II car at a section of about 200 meters for approximately 28-lane 40 meters from the front of the “Bag-gu,” in Jeju-si, Seoul-do, to the front of the “Bag-gu,” located in the south-dong of Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend a lecture: The sentence shall be determined as ordered in consideration of all the following circumstances with the reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: The fact that the facts of crime are recognized and seriously reflected, the blood alcohol concentration is not high, the fact that there is no criminal record exceeding fine, and other reasons that there is no criminal record beyond fine: It is decided as per the disposition on account of the circumstances, the defendant's occupation, economic condition, etc.