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(영문) 제주지방법원 2016.03.31 2015고단986

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 29, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 2.5 million with the same offense at the Jeju District Court on April 9, 2013.

On April 27, 2015, the Defendant driven B car in the state of alcohol leveling 0.163% of alcohol level in the 5km section from the Cyang-dong around the Cyang-dong in Jeju Island to the shooting distance from the Cyang-dong apartment site in Jeju-si. The Defendant driven B car in the state of alcohol leveling 0.163% of blood level.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the occurrence of a traffic accident, inquiry of the results of crackdown on driving under drinking (two books, one thousandth of the evidence records), and a yellow survey report;

1. Relevant photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)