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(영문) 제주지방법원 2017.05.18 2017고단438
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2006, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) from a water source method source, and a summary order of KRW 1,50,00,000 as a fine for the same crime on March 25, 201.

On February 7, 2017, the Defendant driven BM5 vehicle under the influence of alcohol with approximately KRW 7k alcohol concentration of 0.082% from the front road in the construction site in Seopo-si, Seopo-si, Seopo-si to the front road in the same city-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. A written request for appraisal or a written appraisal of alcohol during blood transfusion;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including all the conditions of various sentencing specified in the argument of the instant case for sentencing: In particular, the following circumstances shall be taken into account: A favorable circumstance: The fact that there is no record of punishment exceeding a fine due to a violation of the Road Traffic Act or a violation of the Road Traffic Act: A second offense even if having been punished several times for the same kind of crime;

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