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(영문) 제주지방법원 2016.10.05 2016고단1595

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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2013, the Defendant issued a summary order of KRW 4 million to a fine of KRW 1 million at the Jeju District Court for a violation of the Road Traffic Act, and on January 19, 2015, the same court issued a summary order of KRW 4 million as a fine of KRW 4 million for the same crime.

On July 29, 2016, the Defendant was under the influence of alcohol of 0.164% of blood alcohol concentration on July 29, 2016, and the Defendant driven CM5 car at the level of 2 km from the south Do road located in the south Do, Jeju to the front of the Do-do-based Do-based Do-based Do-based Do-based Do-based Do-based road.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A traffic accident report, actual condition investigation report;

1. A photo of the accident site and a map of the accident site;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (report accompanied by a summary order for the same type of crime by a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances in which the sentence is determined as above in light of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact of crime is recognized and reflects the fact of crime, the blood alcohol concentration is very high to 0.164% at the time of punishment heavier than the fine, the occurrence of an accident that causes the shock of vehicles due to the signal violation at the time, and the occurrence of an accident that causes the violation of the Road Traffic Act on two occasions (0.189% of blood alcohol concentration in drinking driving on June 23, 2013, 0.10% of the blood alcohol concentration in drinking driving on January 4, 2015), and other records of criminal punishment (0.10% of the blood alcohol concentration in drinking driving on January 4, 2015): The defendant's age, character, behavior, environment, etc.