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(영문) 제주지방법원 2017.06.07 2017고단465
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 February 27, 2017, the Defendant driven a car at C Spanpo site under the influence of alcohol content of about 0.056% in the blood alcohol level from the front side of the entrance of the off-day market at the Jeju-si on February 27, 2017 to the front side of the sea-to-day 7577 each other in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62(1) of the Criminal Act on the suspended execution (see, e.g., the part on the grounds for sentencing as follows)

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend a lecture, is that the defendant's repeated driving of drinking is very bad in spite of the criminal history of a fine to suspend the execution of imprisonment on several occasions due to drinking driving, etc. in the past.

However, in light of the fact that it is against the law, the alcohol content in blood is relatively low and does not cause human damage, and the fact that it is not committed for about seven years after the suspended sentence of imprisonment was sentenced in 2010, it is decided as per the disposition.

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