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(영문) 제주지방법원 2013.07.26 2013고단668
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2008, the Defendant issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 1.5 million with the same crime in the same court on June 29, 2011.

On May 12, 2013, the Defendant was under the influence of alcohol with 0.118% of blood alcohol concentration at around 21:35, and the Defendant driven Cunststun car at approximately 3km from the “Shovad Flosra” in Jeju-si to the front road of the “Mlost Gas station” located in the “Mlostn Oil station” located in the “Mlostn” 2-dong in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries and inquiries about the results of the drinking driving control, and the application of 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; Selection of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), taking into account the following circumstances: The recognition of facts of crime and reflects on the recognition of facts of crime; circumstances unfavorable to the absence of any other criminal record other than the criminal record: The fact that blood alcohol content is not lower: It is so decided as per Disposition for the reasons above such as the circumstances of crime, the defendant's occupation, family relationship, economic condition, etc.

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