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(영문) 제주지방법원 2017.09.15 2017고단744
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On July 3, 2012, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court. On October 25, 2012, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

[2] On February 11, 2017, the Defendant driven a BM3 car under the influence of alcohol level of about 0.158% from the 200m section of the so-called 200m to the so-called 11-way Busan, which is located from the new Jeju public parking lot that is linked to Jeju Island at around 22:45, to the so-called so-called 11-way Busan, which is located in the 11-way linkage.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver placed in the main place, and response to a request for appraisal (written appraisal of alcohol in blood);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous, summary order and copy of the judgment);

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 (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) the blood alcohol concentration at the time of the instant case; and (b) the Defendant was punished for the crime of violating the Road Traffic Act in around 2008, in addition to the previous conviction as indicated in the judgment of the Defendant; (c) the circumstances after the commission of the crime; and (d) the Defendant’s age, etc.

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