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(영문) 제주지방법원 2016.05.13 2016고단363

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 14, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of road traffic laws at the Jeju District Court on July 14, 2008, and on February 23, 2011, a fine of KRW 5 million to a fine for a violation of road traffic laws at the Jeju District Court on February 23, 201, and was punished two times or more for a violation of road traffic laws.

【Criminal facts】 On March 9, 2016, the Defendant driven B vehicle under the influence of alcohol level of about 0.122% from the 400-meter section from the center of Carido in Jeju Island to the front of the Korea Land and Housing Corporation, to the farm road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), application of summary order statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment;

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

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.

The favorable circumstances: The fact that all facts constituting an offense are recognized and considered to be committed: The fact that, even though there was a history of punishment twice a fine for the same kind of crime, once again commits a crime of drinking without any awareness, the fact that the alcohol concentration in the blood is considerably high: It is determined as per Disposition on the grounds that the blood alcohol concentration and driving distance, motive and background of the crime, circumstances after the crime, occupation, age, and family relationship are above the age of the defendant.