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(영문) 제주지방법원 2017.07.21 2017고단1298

도로교통법위반(음주운전)

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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 August 25, 2008, the Defendant issued a summary order of a fine of KRW 2.5 million to a crime of violating the Road Traffic Act at the Jeju District Court on August 25, 2008, and on July 3, 2013, the above court was sentenced to a fine of KRW 7 million due to a crime of violating the Road Traffic Act (drinking driving) and on July 3, 2013 and the records of the same crime are three times.

On April 30, 2017, the Defendant driven around 08:55 0.126% of alcohol content in the blood, at the south-si parking lot in the Eastern market located in the Dongdong-dong, Jeju-ro, 192, and approximately 1 km of 3 km up to the market in front of the city.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant recognized the crime and reflects the fact that the defendant is against the order to attend school.

However, since a fine is already imposed due to a crime of driving under drinking around February 2008 and around August 2008, and a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) around July 2013, a fine of KRW 7 million has been imposed, and a person driving under drinking again again has been sentenced to a fine of KRW 7 million, it is highly likely that the nature of the crime is inferior and criticized.

In addition, in consideration of the amount of alcohol concentration in blood, the controlled time, the time when the person was punished for the immediately preceding crime of driving alcohol, the defendant's age, sex, environment, circumstances after the crime, circumstances after the crime, family relationship, etc., the punishment as ordered shall be determined.