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(영문) 제주지방법원 2018.04.06 2017고단2010
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

[criminal history] On December 16, 2008, the Defendant received a summary order of KRW 700,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act (driving). On April 22, 2015, the same court was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

[Criminal facts] On July 19, 2017, the Defendant driven B knit bus under the influence of alcohol concentration of approximately 0.067% in a section of about 70 meters from the side of the married couple’s pharmacy, which is linked around Jeju Island, to the road in front of the Lmond hotel.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and statutes;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

1. Suspension of execution: Article 62 (1) of the Act;

1. Protection observation, community service order, and order to attend education: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as per the disposition, taking into account all the circumstances that form the conditions for sentencing, such as the blood alcohol concentration at the time of the instant case, circumstances after the commission of the crime, and the Defendant’s age, environment, and circumstances after the commission of the crime;

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