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(영문) 제주지방법원 2016.06.16 2016고단482
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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] On November 3, 2009, the Defendant issued a summary order of KRW 2 million to the Jeju District Court for a violation of the Road Traffic Act (drinking driving), and on November 5, 2010, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act (drinking driving).

[Criminal facts] On February 21, 2016, the Defendant driven B B B B B in the state of under the influence of alcohol with approximately 0.212% alcohol concentration from approximately 400 meters from the 400m section from the 193rd road, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 193 to the 3530rd road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drinking practice, report on the results of crackdown on drinking driving, and report on the occurrence of traffic accidents;

1. Photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime in spite of the fact that he/she had been punished four times by a fine due to drinking driving in the past, and that the Defendant’s blood alcohol concentration is very high is disadvantageous to the Defendant.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, there is no record of criminal punishment exceeding the fine, the amount of punishment in a similar case, and the age, sex, environment, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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