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(영문) 제주지방법원 2016.07.07 2016고단764
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four 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 January 30, 2016, under the influence of alcohol content of 0.077% from blood transfusions, the Defendant driven B motor bicycle at a section of approximately 100 meters from the Do in front of the Jeju-si 2-dong, to the Do in front of the U.S. loan located in the same Dong-si 2-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

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

1. Details of inquiries about the detection and management of drivers in charge, and application of Acts and subordinate statutes of the report on actual traffic accidents;

1. Relevant legal provisions and Articles 148-2 (2) 3 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that even though the Defendant had been punished three times due to drinking driving prior to the instant crime, he/she went to the instant crime, and in light of the fact that he/she causes a traffic accident while driving alcohol, he/she should severely punish the Defendant.

However, the defendant led to his confession of the crime of this case and divided his mistake, the amount of alcohol concentration of the defendant's blood at the time of the crime of this case is extremely high, and the distance of the defendant's driving of the bicycle at the time of the crime of this case is relatively short, the defendant's driving of the motor device bicycle at the time of the crime of this case is also short, and the punishment shall be determined as ordered in consideration of both the defendant's age, sexual behavior, environment, circumstances after the crime of this case, and other various sentencing conditions shown in the records and arguments of this case.

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