beta
(영문) 제주지방법원 2017.04.14 2016고단2831

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2016, the Defendant: (a) driven a B car string under the influence of alcohol by 0.160% from a section of approximately 200 meters to the front road of a restaurant in the mutual unsular line, which is linked to Jeju at around 21:30 on December 3, 2016; (b) from a section of approximately 200 meters to a movable oil station in the same Dong.

2. On February 1, 2008, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (licenseless driving) at the Jeju District Court on February 1, 2008. On December 3, 201, the Defendant was a person who had violated Article 44(1) of the Road Traffic Act, such as entering the driving under the influence of alcohol with a maximum of 0.160% of alcohol concentration in blood at around 0:30 on December 21, 2016, as stated in paragraph (1).

On December 3, 2016, at around 23:31, the Defendant driven B car with alcohol content of 0.137% from the 2km section from the front road of the station in front of the movable oil which is linked to Jeju Island to the front road of the Dominwon in the same yellowdong to the Dominwon road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of each driver driving, notification of the results of crackdown on drinking driving, and inquiry about the results of crackdown on drinking;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Relevant legal provisions, Articles 148-2 (2) 2, 44 (1) (a) of the Road Traffic Act (a crime No. 1) concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) (a crime No. 2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are as follows.