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(영문) 제주지방법원 2017.07.14 2017고단602
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 201, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Jeju District Court on January 1, 201, and a summary order of KRW 5 million for the same crime at the same court on July 24, 2014.

On March 15, 2017, the Defendant driven approximately KRW 500 Gamb B, which was 0.189% of alcohol content in Jeju-do, while under the influence of alcohol around 06:40 on March 15, 2017, and was driving approximately KRW 500,00, 00, which was located in the street from the street to the road in front of the city where the soil is located in the same city.

Accordingly, even though the Defendant had a driving power at least twice per week, he again driven a motor vehicle while under the influence of alcohol.

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 driving alcohol;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (formers and confirmations);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) even though the Defendant was punished by a fine for driving under the influence of alcohol in 200, 203, 201, and 2014, the nature of the offense is very poor; and (b) the number of alcohol concentration in blood is considerably high.

In addition, there is also a history of punishment for driving without a license in 2014.

According to the above unfavorable circumstances, the defendant should be punished strictly, but the defendant's mistake is recognized, the defendant should support three minor children, there is no penalty more severe than the fine after 200 years, and the defendant's age, sex, environment, background of the crime, circumstances after the crime, interval of time at the time of the crime of driving immediately preceding drinking.

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