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(영문) 제주지방법원 2017.08.24 2017고단1217

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 July 15, 2009, the Defendant received a summary order of KRW 5 million from a fine of KRW 5 million due to a violation of road traffic law (drinking) in the port support of the Daegu District Court on July 15, 2009, and on June 18, 2015, a fine of KRW 5 million due to a violation of road traffic law (drinking) from the above support.

On May 16, 2017, at around 00:39, the Defendant driven BM5 car in the state of alcohol alcohol concentration of about 0.144% from the 200-meter section from the mat following road located in the Nowon-gu, Jeju to the Nowon-gu, 1100-338 No. 3338 at Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes of the investigation report (the same kind of force);

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The reflection of the circumstances, and the fact that there is no criminal record punished in excess of a fine: The fact that a person was punished by a fine due to the occurrence of a traffic accident while driving a motor vehicle on two occasions or at least two occasions, but the level of alcohol content is high;