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(영문) 제주지방법원 2016.04.06 2016고단194
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 January 24, 2008, the Defendant is a person who has been punished for violating Article 44(1) of the Road Traffic Act on the following grounds: (a) a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jeju District Court on January 24, 2008; and (b) a fine of 700,000 won by the same court on September 24, 2013; (c) a person who has been issued a summary order of a fine of

On January 13, 2016, the Defendant driven BM5 automobiles with approximately 300 meters alcohol content 0.172% from the 300-meter section before the post office of North Korea located in the same Dong to the roads located in the same Dong around the Jeju-si, Jeju-do.

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 conviction: Application of a written inquiry and a summary order, such as criminal history;

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 of Article 62-2 of the Criminal Act regarding the order to attend lectures shall be determined as per the order, taking into account the following circumstances.

A favorable circumstances: A favorable circumstances that recognize the facts of crime and reflects: The higher alcohol concentration in the blood at the time is 0.172%, the fact that there is a past record of criminal punishment (criminal punishment) twice due to a violation of the Road Traffic Act (driving of alcohol): A simple drinking driving, the defendant's age, sexual behavior, environment, etc.

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