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(영문) 제주지방법원 2018.02.08 2017고단2137

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 July 12, 2013, the Defendant was issued a summary order of KRW 5 million by a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving), and a fine of KRW 3 million by the same court on June 2, 2010.

On August 1, 2017, the Defendant was under the influence of alcohol content of 0.058% during blood transfusion at around 12:12, the Defendant was driving a Dbe-ra cruise vehicle owned by approximately 8 km C in the front of the Public Security Center located in the 3702 Han-si, Han-si, Han-si, the Defendant’s house located in Jeju-si, located in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

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. The grounds for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures shall be taken into account all the various sentencing conditions specified in the argument of the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: (a) the negative circumstances are; and (b) the negative circumstances that the amount of alcohol in the blood is not high: A second offense even if a person has been punished several times