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(영문) 제주지방법원 2015.10.30 2015고단1146
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 power] On February 21, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the Jeju District Court on February 21, 2006, and one million won as a fine in the above court on April 24, 2013.

【Criminal Facts】

On July 9, 2015, at around 00:06, the Defendant driven a bald classing truck with the blood alcohol concentration of approximately 0.227% from the 3km section of approximately 3 km to the nitando-Eup, Seopoon-si, Seopoon-si, Nampoon, Nampoon, the south-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

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

1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:

The favorable circumstances: The fact that all facts constituting a crime are recognized and reflected: The fact that there is a number of records of being punished by a fine for the same kind of crime, that the blood alcohol concentration is very high, and that there is a high degree of alcohol concentration: It is so decided as per Disposition due to the motive and circumstances of the crime, circumstances after the crime, the defendant's occupation, age

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