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(영문) 제주지방법원 2017.12.20 2017고단2125
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 5, 2007, the Defendant received a summary order of KRW 500,000 from the Jeju District Court to a fine of KRW 500,00 as a crime of violating the Road Traffic Act (driving) and a summary order of KRW 1,00,000 as a fine in the same court on December 24, 2015.

[2] On August 4, 2017, at around 08:50, the Defendant driven a Cresch Rexroth under the influence of alcohol concentration of about 2 km from the Defendant’s house located in Jeju-si B to the front road of the dry-dong Oil station in front of the dry-dong. The Defendant driven a Cresch Rexroth under the influence of alcohol concentration of about 0.114%.

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. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A), investigation report, and Acts and subordinate statutes;

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 points, the fact that there is no criminal history exceeding the fine, and the fact that there is no personal damage);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated consideration);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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