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(영문) 제주지방법원 2019.01.14 2018고단1145
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 December 21, 2007, the Defendant was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Jeju District Court on December 21, 2007, and was sentenced to a fine of two million won for the same crime in the same court on January 13, 201, and was sentenced to a fine of seven million won or more for the same crime in the same court on June 18, 201, and was sentenced to a fine of seven million won or more for the same crime.

On April 22, 2018, at around 09:30, the Defendant driven a DNA car with a blood alcohol concentration of 0.064% while under the influence of alcohol from the Do near Jeju Public Health Center located in the Donam-dong, to the roads near Jeju-si, Jeju-do.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (a copy of the previous and summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order shall be taken into account all the conditions of sentencing specified in the instant pleadings, in particular, taking into account the following circumstances into account: The following conditions reflects: the fact that the blood alcohol content is not high; the fact that the blood alcohol content was not high; the fact that the driving was controlled to gather the body after drinking the preceding day and the remaining locked; the fact that there was no record of punishment exceeding the fine; the fact that there was no record of punishment in excess of the fine: Re-offending even if having been punished four times due to drinking driving.

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