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(영문) 제주지방법원 2016.11.25 2016고단1992
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On December 16, 201, the Defendant was sentenced to a summary order of a fine of two million won at the Seoul Central District Court for a violation of the Road Traffic Act, and on January 25, 2013, the Defendant was sentenced to a suspended sentence of eight months for the same crime at the Jeju District Court.

【Criminal Facts of Crimes】 On September 10, 2016, around 22:18, the Defendant driven a Crash vehicle while under the influence of alcohol 0.168% at a section of about 30 meters from the 30 meters of alcohol alcohol level at the entrance of the bathing beach of the same 1,65-9 Erash to the entrance of the bathing beach of the same 165-9.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The circumstances that are favorable to the determination of the sentence as stated in the order, considering the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The fact of crime is recognized and reflected, the driving distance is short: The blood alcohol concentration at the time is higher than 0.168%, and the charges of violating the Road Traffic Act have a record of criminal punishment twice (0.109% of the blood alcohol concentration in the blood alcohol while drunk driving on November 5, 201; 0.227% of the blood alcohol concentration in the blood alcohol concentration in the drunk driving on November 8, 2012): The defendant's age, character, conduct, environment, etc.

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