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(영문) 제주지방법원 2017.07.21 2017고단651

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 April 5, 2010, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on September 1, 2010, a summary order of KRW 3 million was issued by the same court as a crime of violating the Road Traffic Act.

[2] On February 23, 2017, the Defendant driven a C Poter under the influence of alcohol content of approximately 0.085% from a portion of approximately 2.5 km to the front road of the G Poter, which is located in the G Doro-dong at Jeju on February 23, 2017, around 07:45.

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. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (a copy of a summary order attached) statute;

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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Orders to provide community service, order to attend lectures, and Article 62-2(1) of the same Act, and Article 59 of the Act on the Monitoring, etc. of Traffic at the time of the judgment, have the records of being punished twice due to the crime of violating the Road Traffic Act or the crime of violating the Road Traffic Act (non-licenseed driving), etc.