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(영문) 제주지방법원 2017.01.18 2016고단2446

도로교통법위반(음주운전)

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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

【The Defendant issued, on May 20, 2010, a summary order of KRW 5 million to a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court, and on May 10, 2016, a summary order of KRW 1 million for the same crime at the same court.

【Criminal fact-finding on November 1, 2016, the Defendant driven a D M& car owned by the Defendant at a section of approximately 500 meters from the No. 500 meters to the front road of the office located in the same city from the No. 115 percent parking lot at Seopo-si, Seopo-si in the state of alcohol content 0.115% during blood transfusion.

Accordingly, the Defendant, even though the driving force of the week was twice, has driven a car in the state of the week.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

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

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, and there is no record of criminal punishment heavier than the fine: The degree of alcohol content in the blood at the time is higher than 0.115%; the police officer's refusal of a request to measure alcohol level on three occasions at the time of the control of this case; the police officer's refusal of a request to measure alcohol level; the police officer's response to measurement of alcohol level; and other records of criminal punishment twice due to the violation of the Road Traffic Act: The defendant's age, sexual behavior, environment, etc.