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(영문) 제주지방법원 2016.05.11 2016고단377

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

【The Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Jung-gu District Court on May 15, 2008, and a fine of KRW 1 million to a violation of the Road Traffic Act at the Seoul Northern District Court on September 30, 2008. On November 30, 2012, the Defendant was sentenced to a fine of KRW 5 million to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on November 30, 2012.

【Criminal facts】 On February 17, 2016, the Defendant driven a B-learning car under the influence of alcohol level of about 0.128% from a section of about 400 meters from the 400-meter radius to the roads in front of the Nam-gun, Nam-dong, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of persons involved in each traffic accident in the preparation of C and D;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Scenes of on-site and in-depth vehicles, visual boom photographs, and dactical photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to the same previous convictions);

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 suspended execution;

1. In light of the reasons for sentencing under Article 62-2 of the Criminal Act, the following circumstances are considered: The fact that the sentence is determined as ordered: The fact of crime is recognized and reflects the fact, the degree of alcohol content in blood is higher than that of a fine, the degree of physical damage during the pertinent driving is higher than 0.128%, the occurrence of traffic accident (e.g., vehicle shock during the pertinent driving), the occurrence of physical damage during the instant driving, and other facts that have the history of receiving criminal punishment (pact penalty) three times due to the violation of Road Traffic Act: The fact that the instant vehicle is sold, the defendant's age, sex, environment, etc.