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(영문) 제주지방법원 2016.09.23 2016고단1644
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

【Power of crime】 On August 9, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Eastern District Court, and on November 8, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime at the Seoul Southern District Court on June, 2013, and there was a record of violating Article 44(1) of the Road Traffic Act at least twice.

【Criminal facts” around 23:00 on July 13, 2016, the Defendant driven B rocketing car with approximately 500 meters alcohol concentration at around 0.157% in the section of approximately 50 meters, from the Mediet parking lot located in Chocheon-gu, Chocheon-si, 378, to the road near the Eup/Myeon-ro 432-3.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The actual investigation report on traffic accidents;

1. A map and photograph at the scene of an accident;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about the results of crackdown on driving drinking, response to inquiries such as criminal history, copy of judgment, etc.;

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. Circumstances that are favorable to the determination of the punishment as ordered by the order, considering the following circumstances as the reasons for sentencing Article 62-2 of the Criminal Act: The fact that the facts of the crime are recognized and reflectd: The amount of alcohol content in the blood at the time is high to 0.157%, the occurrence of an accident that shocks the telegraph during driving of the instant drinking, and the occurrence of two times criminal punishment due to a violation of road traffic laws (one time of punishment, one time of suspended sentence of imprisonment, one time of suspended sentence): The defendant's age, sex, environment, etc.

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