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(영문) 제주지방법원 2018.01.11 2017고단1906

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 October 26, 2010, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on October 26, 201, and a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on October 29, 2010.

피고인은 2017. 7. 15. 21:56 경 제주시 한림읍 명월 리에 있는 ‘ 퐁 낭 가든’ 앞 도로에서부터 제주시 한림읍 옹 포리에 있는 ‘ 옹 포 삼거리’ 앞 도로에 이르기까지 약 1km 의 구간에서 혈 중 알콜 농도 0.196% 의 술에 취한 상태로 C 렉스 턴 자동차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of a reply to inquiry, such as criminal history, and an investigation report (in addition to the previous and a copy of the summary order);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend school and taking into account all the various conditions of sentencing specified in the argument of the instant case. In particular, the following circumstances should be taken into account: Contrary to the circumstances: (a) there is no history of crime being punished in excess of the fine due to drinking, driving of alcohol, driving without a license, and circumstances unfavorable to the care of minor children: (b) a second offense and having high alcohol content while having been punished twice due to drinking