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(영문) 제주지방법원 2016.11.16 2016고단2351

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 became final and conclusive.

Reasons

Punishment of the crime

On September 21, 2016, at around 01:20, the Defendant driven BMW 13 car under the influence of alcohol content 0.249% at a 100-lane 29-lane from the Do adjacent to the East-do Island in Jeju Island to the same Doro-ro 4-gil 29:00.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a written statement, a field map, an accident camera, and related photographs;

1. The application of Acts and subordinate statutes to the circumstantial statement of a drinking driver, the inquiry into the results of the control of drinking driving, the consent and request for blood collection, the request for appraisal, the ledger of blood collection, the written appraisal of blood alcohol and the report on detection of a drinking driver;

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; Selection of imprisonment;

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

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

Conditions unfavorable to the reasons for sentencing: high blood alcohol concentration and one time before the same kind of crime (4 million won by fine of Jeju District Court on December 12, 2013)