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(영문) 제주지방법원 2014.09.30 2014고단1095

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 3, 2014, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 5 million for a violation of the Road Traffic Act (driving). On December 9, 2011, the above court issued a fine of KRW 1.5 million for the same crime, and on February 23, 2011, the above court received a summary order of KRW 1 million for the same crime.

On July 10, 2014, the Defendant was under the influence of alcohol with 0.184% of the blood alcohol concentration without a driver’s license on July 21, 2014, and the Defendant driven a mast car in the section of approximately 4 km from the salary flusium of the Dong-si in Jeju-si to the front of the “marine glusium” road located in the Hando-si poolpoi, Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and copies of written judgments;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service and order of education: The sentence shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: The fact that the facts of crime are recognized and seriously contradictory to the circumstances; the fact that there is no record of criminal punishment after 2003 and there is no record of criminal punishment exceeding the fine: Other reason that the blood alcohol concentration is considerably high: It is decided as per the disposition for reasons such as the defendant's occupation and family relation, etc.