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(영문) 제주지방법원 2018.02.07 2017고단2422

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On June 29, 2007, the Defendant violated Article 44(1) of the Road Traffic Act at the Jeju District Court, such as: (a) a summary order of a fine of KRW 2 million due to a violation of the Road Traffic Act (driving), and (b) a fine of KRW 2.5 million due to a violation of the Road Traffic Act at the same court on April 19, 201; and (c) a summary order of KRW 2.5 million due to a violation of the Road Traffic Act.

[2] On September 4, 2017, at around 05:00 on September 4, 2017, the Defendant driven a B-e-sports car under the influence of alcohol leveling 0.142% from a section of approximately 1km to the roads in front of the day-to-day oil station located in the Jeju-si, from the roads near the Young church located in the Jeju-do, to the day-to-day.

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 drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to summary orders);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 1 and 44-2 (1) of the same Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for mitigation of a small amount (see, e.g., Articles 55 and 55(1)3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering that there is a reflective fact, that there is no record of punishment exceeding a fine, or that there is no personal damage);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;