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(영문) 제주지방법원 2018.06.05 2018고단161
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 August 18, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On September 7, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime by the same court.

[Criminal facts] On January 12, 2018, the Defendant driven B vehicles under the influence of alcohol content of about 0.183% from the blood alcohol content from around 400 meters to around 8560, Seopo-dong, Seopo-si, Seopopo-si, Seopo-si, Seopo-si, Seopopo-si, Seopo-si, Seopo-si, Sinpo-si, Sinpo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and an accident scene photograph;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

1. Relevant legal provisions and Articles 148-2 (1) 1 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;

1. The defendant's reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture was the same as a crime of violating the Road Traffic Act since 2008, which committed a second offense despite the fact that the defendant was punished twice by a fine, and the defendant was found to have committed a crime by causing an accident while driving alcohol, not only was the defendant was found to have been aware of the crime but also was highly high in alcohol content during blood at the time of committing the crime.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered.

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