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(영문) 제주지방법원 2018.04.20 2017고단2399

도로교통법위반(음주운전)

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

[criminal history] On June 11, 2009, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving), and on July 18, 201, the same court received a summary order of KRW 4 million from a fine of KRW 1,00,00 due to a violation of the Road Traffic Act (driving).

[Criminal facts] On August 29, 2017, the Defendant driven B Poter truck under the influence of alcohol content of about 0.092% from the 1km section to the 1km road in front of Jeju-si, Jeju-si, Jeju-si, Jeju-si, 21:00.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report, and Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation and order to attend education: The reason for sentencing under Article 62-2 of the Criminal Act is as follows: (a) the degree of alcohol contained in the blood transfusion at the time of the instant case; (b) the fact that the Defendant had been punished for the same kind of crime, in addition to the previous conviction in the instant case; and (c) the fact that such circumstances as the circumstances after committing the crime