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(영문) 제주지방법원 2017.08.17 2017고단878
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On March 22, 2013, the Defendant was sentenced to a fine of 2.5 million won for the same crime in the Busan District Court's subsidiary branch support on December 16, 2009, and was sentenced to a total of five times of imprisonment for a violation of road traffic law (driving alcohol), etc. in the support of the Suwon Friwon method.

On March 18, 2017, the Defendant driven a B-to-pur motor vehicle under the influence of alcohol content of about 0.104% at the section of approximately 3km from the time of the law exchange in the Seopo-dong of Seopo-si on March 18, 2017 to the roads in the same west-dong of Sinpo-dong.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and investigation reports (report attached to such previous decisions);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service and the order to attend a lecture, shall be taken into account all the conditions for various sentencing specified in the pleadings of the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: the fact that there are minor children to be supported, the fact that a crime was committed even though they were punished several times for the same crime (a penalty and a suspended sentence of imprisonment), and the fact that the amount of alcohol in the blood is high;

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