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(영문) 제주지방법원 2017.04.13 2017고단15
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 September 17, 2014, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for a crime of violating the Road Traffic Act, and KRW 3 million by the same court on November 13, 2014 for a crime of violating the Road Traffic Act.

On December 10, 2016, the Defendant driven BMW vehicles under the influence of alcohol content of about 0.215% in the section of approximately 100 meters from the 100-day north-ro 607, Jeju, from the BM vehicle around the BM vehicle in the direction of alcohol around 07:4.

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 regulating drinking driving;

1. A written appraisal of alcohol among bloods;

1. Relevant photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (attached report, such as a summary order related to the suspect) Act and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act, including all the various conditions of sentencing specified in the argument of the instant case for sentencing: In particular, the following circumstances should be taken into account: The favorable circumstances: the reflection of the circumstances, and the fact that there is no record of criminal punishment that exceeds the fine: The fact that a person has been punished several times for the same kind of crime, but the amount of recidivism and blood alcohol is high;

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