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(영문) 제주지방법원 2017.07.19 2017고단823

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment with prison labor for up to six 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 August 14, 2008, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jeju District Court on August 14, 2008, and on March 31, 201, the Defendant issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the same court.

On March 26, 2017, around 08:50, the Defendant driven C Poter truck under the influence of alcohol concentration of about 0.088% in a section of about 13 kilometers from the front of the mobilization gas located in the 13th south of Chocheon-si, Chocheon-si, to the 13rd roads in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the state of residual driving at home;

1. A written inquiry about the result of regulating drinking driving;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment of the same case of the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;