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(영문) 제주지방법원 2018.04.06 2017고단2256
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

[criminal history] On November 2, 2010, the Defendant received a summary order of KRW 1 million from the Jeju District Court to a fine of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving). On March 23, 2011, the same court issued a summary order of KRW 3,00,000 for the same crime.

[Criminal facts] On August 9, 2017, the Defendant driven a balp motor vehicle with approximately 200 meters alcohol concentration at approximately 0.092% in blood while under the influence of alcohol at around 21:58 at around 200 meters from the front of the Non-won Dop in the Nowon-gu Nowon-si to the old-dong Nowon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances and investigation report of the driver at the main place of business (Notification of the results of collecting blood by the suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of Acts and subordinate statutes on investigation reporting (verification of drinking driving history);

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Protection observation, community service order, and order to attend education: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined as the same as the order, taking into consideration all the circumstances, such as the blood alcohol concentration during the instant case at the time of the instant crime, circumstances after the crime, and the age of the accused;

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