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(영문) 제주지방법원 2017.11.29 2017고단1950
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

[criminal history] On December 8, 2006, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (dacting driving), and on December 12, 2008, a summary order of KRW 7,00,000 as a fine for the same crime was issued in the same court.

[Criminal facts] On July 1, 2017, the Defendant driven a FD car in the state of alcohol alcohol concentration of about 0.151% in the 1km section from the Jeju-si road to the Hanwon-si road located in the same city D on July 1, 2017.

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 drinking driving;

1. A written appraisal of alcohol during blood;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, (A), investigation report (verification of such past records - Attachment of summary orders);

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 for Reduction of Small Quantity (i.e., reflective facts, not causing human and material damage, and support for family members);

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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