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(영문) 제주지방법원 2016.09.07 2016고단462
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Criminal power is sentenced to a fine of KRW 4 million in the Jeju District Court on January 25, 2008, the same court on June 5, 2008, two years of suspended execution in June of imprisonment with prison labor for the same crime, and two years of suspended execution in April 30, 2015 in the same court on April 30, 2015. The above judgment becomes final and conclusive on May 8, 2015, and is currently under the grace period.

Criminal facts

On August 13, 2015, the Defendant, while under the influence of alcohol of 0.187% from blood alcohol concentration on August 13, 2015, driven approximately KRW 1km C Costaex truck from the front day of the Roman Dong in Jeju Nowon-gu to the front day of the New Flapt New Flapt located in the Jeju-si Interlock.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Written consent to the collection of blood, request for appraisal of blood alcohol concentration, and written appraisal of blood alcohol;

1. A photograph of the accident site and a survey report on the actual condition;

1. Previous convictions in judgment: Application of the statutes governing criminal records, personal records, and copies of written judgments, No. 2015No376;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Discretionary mitigation: It shall be decided as per the disposition for reasons not less than Article 53 or 55 (1) 3 of the Criminal Act;

The circumstances that are disadvantageous to the reasons for sentencing: high blood alcohol concentration, traffic accidents, the occurrence of traffic accidents, the fact that the period of suspension of execution is in the same kind and six times (including two times of suspended execution).

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