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(영문) 제주지방법원 2018.11.14 2018고단1162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] The Defendant was sentenced to a fine of KRW 3 million on September 5, 2012 for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon support on September 5, 201, and a fine of KRW 3 million on March 29, 2016 by Jeju District Court for the same crime, etc.

[Criminal facts] On May 14, 2018, the Defendant driven B Poter Cargo Vehicles from about 2 km to around 400 meters in Jeju-ro 440-1, Jeju-do, in a state of alcohol alcohol concentration of 0.091% in blood, around 12:41 on May 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving under drinking;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (i.e., reflective points, the fact that there is no criminal history exceeding the fine, and the fact that there is no personal damage);

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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