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(영문) 제주지방법원 2016.10.28 2016고단1671
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 10:00 on July 6, 2016, the Defendant: (a) driven the Jeju-ro 161 with a blood alcohol concentration of about 0.354% in the section of approximately 600 meters around the said Jeju-ro from the point of view of the convenience point of “GS25” located in the Dong-dong of the same city via the high-speed point of convenience point of “GS25” located in the same Si-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Application of related Acts and subordinate statutes to photographs;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and considered to be all facts of the crime, and the circumstances that there is no previous offense except for those punished once by a fine due to a violation of the Road Traffic Act around 1998: The amount of alcohol concentration is very high. The defendant is driving a vehicle under the influence of alcohol to the extent that it is impossible to measure breathe level due to breathe, and the nature of the crime is poor: the motive and circumstances of the crime, circumstances after the crime, the defendant'

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