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(영문) 제주지방법원 2016.06.03 2016고단553
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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 October 31, 2013, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court, and on April 1, 2014, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court.

On March 21, 2016, the Defendant was under the influence of alcohol level of 0.179% during blood transfusion around 22:08, and driving a 30-meter b gallon with B gallon to the roads north 30 meters away from the roads near the North Korean post office located in the Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of written inquiries about criminal history 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 selection of imprisonment;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Orders to observe protection and attend lectures: The punishment shall be determined as per the order, taking into account all of the following circumstances of the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.:

The favorable circumstances: The fact that all facts of crime are recognized and considered to be committed: The fact that there are several records of punishment, such as fines, etc. for the same kind of crime, but the fact that the amount of alcohol concentration in the blood reaches this case without any awareness, and that the amount of alcohol concentration in the blood is considerably high. It is so decided as per Disposition on the grounds that the motive and circumstance of crime, circumstances after the crime, occupation, age,

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