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(영문) 제주지방법원 2015.11.27 2015고단1409

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

On September 6, 2015, the Defendant was under the influence of alcohol of 0.240% with blood alcohol concentration of 0.240%, and the Defendant was driving a motor vehicle with a gallon of about 8 km up to 50km away from the vicinity of Hancheon-gu, Hancheon-gu, Hancheon-ro to the road located in the Hancheon-gu, Hancheon-ro, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:

A favorable circumstance: A favorable circumstance that all facts of crime are recognized and reflected: although there are two times the records of punishment for the same kind of crime, they reach the crime of this case, and the blood alcohol concentration level is very high. It is decided as per Disposition on the grounds that the motive and circumstances of the crime, circumstances after the crime, driving distance, the occupation, age, and family relationship are higher than those of the defendant.