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(영문) 제주지방법원 2016.11.07 2016고단1754
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 June 11, 2016, around 21:26, the Defendant: (a) moved to drive a vehicle under the influence of alcohol with a blood alcohol content of 0.057% at a distance of about 2km at the entrance of the Dobdog-dong, from the Dog-dong, to the street of the Dob-dong, which is located in the Dob-2 Dob-dong, from the Dog-dong, at Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the circumstantial statement of a drinking driver, a report on the control of drinking driving, and a report on the situation of drinking driving;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

The circumstances favorable to the reasons for sentencing: A relatively low level of blood alcohol content: the previous and four times ( ① a fine of 1.5 million won by the Jeju District Court for the violation of the Road Traffic Act on March 31, 2004; ② a fine of 1.5 million won by the Jeju District Court for the violation of the Road Traffic Act on September 21, 2004; ③ a fine of 1.5 million won by the Jeju District Court for the violation of the Road Traffic Act on June 22, 2005; ④ a suspended sentence of 2 years with imprisonment of 6 months by the Jeju District Court for the violation of the Road Traffic Act on February 5, 2009).

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