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(영문) 제주지방법원 2015.08.11 2014고단1441
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 20, 2006, the Defendant was issued a summary order of one million won as a crime of violating the Road Traffic Act at the Jeju District Court on September 20, 2006, and such summary order became final and conclusive on October 29 of the same year. On December 9, 2011, the Defendant issued a summary order of 2.5 million won by the same court for the same crime, etc. and the said summary order became final and conclusive on January 6, 2012.

【Criminal Facts】

On October 12, 2014, at around 00:35, the Defendant driven BM3 car under the influence of alcohol with approximately 300 meters alcohol concentration of approximately 0.078% from a road near the place of business of automobile registration located in Lee Do-dong in Jeju-si to the front road of the Gu Literature District in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports, and 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 (see, e.g., Article 51 of the Criminal Act as stated in the reason for sentencing) recognizes all the criminal facts for sentencing and reflects them; Article 62(1) (see, e.g., Article 51 of the Criminal Act); Article 62(1) recognizes and reflects all the criminal facts; Article 62(1) of the same Act has the history of punishment for

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