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(영문) 제주지방법원 2018.01.11 2017고단1873
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 August 23, 2006, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Jeju District Court on August 23, 2006, and on August 6, 2008, a fine of 1.5 million won for a crime of violating the Road Traffic Act at the same court on August 6, 2008, and so on.

On May 11, 2017, around 16:35, the Defendant driven a Cworkstren car in the state of alcohol alcohol content of about 0.274% from the 3km section of blood alcohol content from the front of the 4-lane 9-gil, Jeju-do, to the 123-ro, Jeju-do, Jeju-do, Jeju-ro.

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 alcohol;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order) statute;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the school and taking into account all the various conditions of sentencing specified in the argument in the instant case. In particular, the following circumstances shall be taken into account: (a) reflective circumstances; (b) there is no history of a crime of drinking after 2008; and (c) extenuating circumstances unfavorable to the fact that a minor is raising a minor: (a) alcohol concentration in blood is high; (b) an accident was caused while driving a alcohol; and (c) history of having been punished twice

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