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(영문) 제주지방법원 2018.05.04 2017고단3257

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 23, 2009, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking) in the support of the Daegu District Court on April 23, 2009. On November 25, 2010, the Defendant was issued a summary order of KRW 4 million due to a violation of road traffic law (drinking). On the same support on April 20, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (drinking) and two years of suspended sentence, and on the same support on January 31, 2013, and was sentenced to six months of imprisonment with prison labor for a violation of road traffic law (drinking).

[2] On November 19, 2017, the Defendant driven B K7 car under the influence of alcohol with approximately 0.072% of alcohol concentration at approximately 50 meters in the section of approximately 50 meters from the 50-42m to the 19-6nd road in Seopo-si, Seopo-si, Seopo-gu, Seopo-ro 32, Seopo-nam-ro 32, Seopo-nam-ro 48, Seopo-si.

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 the judgment: (A) a written reply to inquiries, such as criminal history, (A) a Daegu District Court Support 2009 Highly 602, Daegu District Court Support 2010 Highly 2310 Highly Highly 2010, Daegu District Court Support 2012 Highly 28 Highly 2012 Highly 201, Daegu District Court Support 1435 Highly 1435 Acts and subordinate statutes apply;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order, and order to attend a lecture, despite the fact that the defendant had been punished four times due to a violation of road traffic law, repeats the crime, is heavier in light of the fact that the defendant committed the crime;

However, the final records of the Defendant’s punishment for driving prior to the instant crime are 2013, and the amount of alcohol content is not high at the time of the instant crime, and other all the circumstances constituting the conditions for sentencing, such as the Defendant’s age, environment, and circumstances after the instant crime, shall be considered together, and the sentence shall be determined as ordered.