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(영문) 제주지방법원 2016.10.14 2016고단1714
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 Power】 On December 24, 2010, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, such as: (a) a summary order of KRW 1.5 million by a Jeju District Court for a violation of the Road Traffic Act; and (b) a fine of KRW 2.5 million by the same court on December 20, 201; and (c) a summary order of KRW 2.5 million by the same court on the same crime, etc.

【Criminal Facts】 On July 23, 2016, at around 00:11, the Defendant driven a B-cub vehicle from the 1km section to the road front of the last resting place in the same Ri, from the water-free front day of the Sinan-Eup, Jeju-si, under the influence of alcohol by 0.092% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances as the reasons for sentencing in Article 62-2 of the Criminal Act: The degree of blood alcohol content at the time is high to 0.092%, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, etc.

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