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제주지방법원 2018.10.26 2018고단781

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On March 31, 2018, the Defendant driven a two-way car under the influence of alcohol content of approximately 0.152% from the 1km section to the Suhyup Bank, which is located in the 45-lane 45, as of March 31, 2018, from the Lyan hotel near the Lyan Island, to the Lyan Bank located in the Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, committed a second offense, even though he/she had been punished several times due to drinking, driving without a license, and considering all the circumstances such as the Defendant’s alcohol concentration during blood transfusion at the time of the instant case, the Defendant’s age, environment, and circumstances after the crime, etc., the punishment as ordered shall be determined as set forth in the Disposition.