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(영문) 제주지방법원 2018.08.20 2018고단632
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

On December 4, 2007, the Defendant issued a summary order of 1.5 million won or more for a crime of violating the Road Traffic Act at the Jeju District Court, and a summary order of 2.5 million won or more for the same crime at the same court on June 27, 2013.

On March 14, 2018, the Defendant driven C cargo vehicles under the influence of alcohol with 0.264% of alcohol concentration in blood from the Do near Western church located in Seopo-dong, Seopo-si to the road located in 65-1 located in Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the school and setting various conditions for sentencing specified in the argument of the instant case: In particular, the following circumstances should be taken into account: The unfavorable circumstances: A person who commits a second offense and whose alcohol content is high even if he/she was punished three times due to driving of drinking alcohol:

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