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(영문) 제주지방법원 2017.04.26 2017고단128

도로교통법위반(음주운전)

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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 March 31, 2014, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Vice-Support on March 31, 2014, and a fine of KRW 5 million for the same crime in the same court on September 30, 2014, respectively.

[Criminal facts] On December 11, 2016, the Defendant driven CMW car under the influence of alcohol with about 0.084% alcohol concentration at a section of about 500 meters from the scar in the same way as the scar, which is linked to Jeju city around December 11, 2016, to the roads before the scar hotel.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Results of crackdown on driving under drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of judgment);

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

1. Articles 53 and 55(1)3 of the Criminal Act for the Reduction of Small Quantity (i.e., the reflective point, the blood alcohol concentration is relatively low, the personal damage does not occur, and the head of a campaign to eradicate drinking at his/her restaurant operated by himself/herself, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered again for the reasons considered in the mitigation of the amount of the above punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;