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(영문) 제주지방법원 2017.10.31 2017고단2255
도로교통법위반(음주운전)
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 July 25, 2007, the Defendant was sentenced to a fine of 2.5 million won for a crime of violating the Road Traffic Act at the Jeju District Court on July 25, 2007, and the same court was sentenced to a fine of the same amount for the same crime on May 2, 201.

On July 30, 2017, the Defendant driven a B Poter owned by the Defendant at approximately 1 km from the center of the agricultural branch of the NAF to the luculation of Han-gu, Han-si located in Han-si, Han-si, Han-si, Han-si, under the influence of alcohol concentration of 0.095% among blood transfusions.

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. Requests for appraisal by the National Institute of Scientific Investigation;

1. Before judgment: Application of a written reply to inquiry, such as criminal history, etc., the Jeju District Court Decision 201 High Court Decision 1817, 2007 High Court Decision 609 High Court Decision 6009

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 punishment as ordered shall be determined by taking into account the following circumstances: (a) the record of drinking alcohol driving, other than the record of driving under the influence of alcohol, as indicated in the reasoning of sentencing under Article 62-2 of the Criminal Act; (b) the time when driving under the influence of alcohol was controlled by the previous drinking; (c) the amount of alcohol concentration in the blood of this case; and (d) the Defendant’s age, sex, sex, environment, background of the crime, circumstances after the crime, family relationship, etc. as indicated in the argument of this case:

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