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(영문) 제주지방법원 2017.12.19 2017고단2760
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

On January 16, 2009, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on May 8, 2013 to a fine of KRW 1.5 million from the same crime.

On October 16, 2017, the Defendant driven a B-A-di vehicle under the influence of alcohol content of about 4 K 0.079% in alcohol from around the main point of “sloping bridge”, which is linked to Jeju Island at around 04:05, to the front road of “Korea-U-A-di vehicle” located in the 30-ro, East-ro, Jeju-si, East-si, Jeju-do.

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 conviction: Application of a written inquiry and a summary order, such as criminal history;

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. The punishment is already imposed twice or more as stated in the previous conviction in the judgment on the grounds of sentencing in Article 62-2 of the Criminal Act, and the punishment is imposed as a crime of drinking alcohol even in around 2001. The amount of alcohol concentration in the blood of this case, the crime and the time of punishment for the crime of the immediately preceding drinking, the defendant's age, sex, sex, environment, circumstances of the crime, and the circumstances after the crime, etc., as shown in the arguments of this case, shall be determined as ordered in consideration of various sentencing conditions shown in the arguments of this case.

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