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(영문) 제주지방법원 2017.08.18 2017고단1565
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 May 21, 2007, the Defendant received a summary order of KRW 500,000 from the Jeju District Court to a fine of KRW 500,00 as a crime of violating the Road Traffic Act. On July 17, 2014, the Defendant issued a summary order of KRW 3 million in the same court.

On May 20, 2017, while under the influence of alcohol content of 0.153% in blood at around 20:05, the Defendant driven B-type car at the section of about 1k meters from the front of the 119 Center to the front of the entrance of the string beach at the 1682-2 of the string line at Seopopopo City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report accompanied by a summary order issued by a suspect's criminal experience in drinking alcohol), investigation report (report accompanied by a summary order issued by a suspect's criminal experience in drinking alcohol driving);

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 under Article 62-2 of the Social Service Order Criminal Act, including the protection and observation, and the fact that the defendant was already punished twice or more as a crime of drinking alcohol again, and the driving of drinking again, the amount of alcohol concentration in blood is considerably high, and the defendant's age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., shall be determined in the same manner as the order, taking into account the various conditions of sentencing specified in the argument of this case, such as the

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