beta
(영문) 제주지방법원 2016.07.13 2016고단677

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 17, 2016, the Defendant driven BM5 car under the influence of alcohol content of 0.097% from the blood alcohol level to the front road of the Hansung apartment at approximately 500 meters away from a Do near south-dong in Jeju-do, Jeju-do, Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant legal provisions and the choice of a sentence concerning facts constituting a crime: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

When the sentencing is disadvantageous: 3 times before and after the same fine ( ① a fine of 1.5 million won in the Jeju District Court for the crime of violating the Traffic Act on April 30, 2004, ② a fine of 3 million won in the Jeju District Court for the crime of violating the Traffic Act on February 8, 2006, ③ a fine of 4 million won in the Jeju District Court for the crime of violating the Road Traffic Act on October 24, 2006)