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제주지방법원 2018.03.14 2017고단2892

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[Power of crime] On April 1, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeju District Court on the Aggravated Punishment, etc. of Specific Crimes.

[2] On October 21, 2017, the Defendant: (a) driven a car with a 50-meter high alcohol B at the front of the NAF branch of the NAF branch in Jeju-si with the alcohol level of 0.137% at around 20:24, while under the influence of alcohol; and (b) thereafter, the Defendant driven a car with the 50-meter high alcohol level of 50 meters at the front of the NAF branch of the NAF branch of the NAF branch of the NAF

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the reflection of the fact, the fact that there has been no past record of the same kind of crime for the last five years, and the fact that there has not been any physical damage);

1. Protection and observation and orders to provide community service and attend lectures under Article 62-2 of the Criminal Act;