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(영문) 제주지방법원 2016.07.12 2016고단821

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On August 16, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of road traffic law in the Busan District Court's Dong Branch branch branch branch, and on June 18, 2010, the same court issued a summary order of KRW 3 million as a fine for a violation of road traffic law.

[Criminal facts] On May 9, 2016, the Defendant driven BMW vehicles in the state of alcohol alcohol concentration of about 0.076% in the section of about 50 meters from the front of the Jeju cafeteria, which is linked to Jeju Island around May 9, 2016, to the roads in front of the same Tridong Gam Styke.

As a result, the Defendant, who violated the prohibition on drinking at least twice, driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement of the circumstances of driving at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and investigation report (Attachment to a copy of summary order);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.

Equitable circumstances: It is expected that all criminal facts will not be reoffending in the future.

The circumstances that are disadvantageous to the fact that there are two times of punishment of a fine for the same kind of crime: The amount of alcohol concentration, driving distance, motive and circumstance of the crime during blood, circumstances after the crime, occupation, age, and family relationship are determined as ordered by the court.