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(영문) 제주지방법원 2017.08.18 2017고단1152
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 April 30, 2017, at around 02:30, the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.218% on the part of the blood alcohol level at approximately 500 meters prior to the road in front of the 10-lane from the Do adjacent to the Do located in the Donam-dong at Jeju to the 10-ro of Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) despite the fact that the blood alcohol concentration at the time of the instant case was high; (b) three times of punishment for traffic-related crimes, such as drinking, driving without license, etc., recidivism; (c) the circumstances after the crime was committed; and (d) the Defendant’s age, etc.

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