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(영문) 제주지방법원 2018.04.06 2017고단2167
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

[criminal history] On January 26, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million for the same crime in the same court on July 3, 2017.

[2] On August 17, 2017, the Defendant, while under the influence of alcohol at around 02:50% of alcohol content in blood, was driving a Category C Radon car in approximately 2 km section, up to the day before the youth training center in front of the youth training center located in the Jeju City, on the road near the permanent resident center located in the Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, investigation reports, and Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Orders to observe protection and attend lectures: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as per the order, taking into consideration all the circumstances, such as the blood alcohol concentration during the instant case at the time of the instant crime, the circumstances after committing the crime, and the age of the accused;

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