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(영문) 제주지방법원 2013.04.17 2013고단272
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 6, 2010, 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 October 6, 201, and on November 8, 2010, the above court was sentenced to a fine of one million won for the crime of violating the Road Traffic Act.

On February 24, 2013, at around 11:31, the Defendant driven a B B B B B B B B motor vehicle under the influence of alcohol content of about 0.139% at a 10 K section from the parking lot at the cafeteria of the Sugpo-si, Seopo-si, Seopo-si to the 3-distance at the entrance of the Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a drinking driver and the control of drinking driving;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. It is so decided as per Disposition in view of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant can have been punished for driving without a license for drinking alcohol; (b) the defendant's ability at the time of the instant case to take into account the fact that the level of the defendant's drinking is not somewhat weak; (c) the defendant's living as a selective driving engineer; (d) the defendant maintains his livelihood as a selective driving engineer; and (e) the defendant has to pay living expenses for a divorced wife and her children; and (e) the fact that a drunk driving

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