beta
(영문) 제주지방법원 2014.07.11 2014고단358

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 14, 2014, the Defendant was under the influence of alcohol of 0.103% with blood alcohol concentration around 04:30 on March 14, 2014, and the Defendant driven B-low-income car from approximately 3km to about 30 meters south of the interlocking distance, which is in the same time linked from the front of the “dypland” in Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

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) 2 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, taking into account the conditions of sentencing), and the reasons for sentencing are as shown in the order: recognition of facts; recognition of facts of crimes; and unfavorable circumstances that there are no criminal records exceeding fines: The most recent criminal records of the same kind (the fine of KRW 3 million on May 15, 2014): The degree of blood alcohol content, the process of detection of the crimes; circumstances after the crime (the circumstance that a fine of KRW 5 million was charged and was referred to a formal trial) is determined as above.