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(영문) 제주지방법원 2017.10.20 2017고단2177
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 July 30, 2009, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on July 30, 2009, and on February 7, 2012, the Defendant received a summary order of a fine of two million won for the same crime from the Jinwon District Court on February 7, 2012 and received the summary order of a fine of two million won or more for drinking driving respectively.

On May 26, 2017, the Defendant driven CK7 car at a section of about 300 meters from the Defendant’s house located in Jeju-si, with alcohol concentration of 0.087%, to the front of the Amond hotel, while under the influence of alcohol at around 01:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (such as the history of punishment for a suspect drinking);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances, circumstances after the crime, etc., where he/she drives drinking again even if he/she was punished twice or twice due to drinking, and other conditions of sentencing indicated in the arguments of this case, such as the Defendant’s age, sex, environment, circumstances after the crime, etc., shall be determined as ordered by the sentence.

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