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(영문) 제주지방법원 2017.07.21 2017고단1112

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 February 11, 2008, 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 crime of violating the Road Traffic Act (driving of Drinking), and on January 11, 2012, a summary order of KRW 3 million was issued in the same court as the same crime.

[2] On March 19, 2017, at around 21:55, the Defendant driven a B-e-car in the state of alcohol alcohol concentration of approximately 0.150% from the 300-meter section of alcohol alcohol level to the front road of Jeju-do, from the roads adjacent to the gas station in the vicinity of the U.S.-do-dong-do-dong-do-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

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 inquiry statements, such as criminal history, and summary order statutes;

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 of the Social Service Order Act are as follows: (a) although there was no record of having been punished for a crime of the same kind other than the blood alcohol concentration at the time of the instant case; (b) the circumstances after the crime; (c) the records of having been punished for a crime of violence on several occasions; and (d) other all the circumstances constituting the conditions for sentencing, such as the Defendant’s age and the environment, etc.,