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(영문) 제주지방법원 2018.04.06 2017고단3302
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 16, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) in the Gwangju District Court’s Branch Branch on July 16, 200, and on February 7, 2012, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (drinking driving).

[2] On December 3, 2017, the Defendant driven a car under the influence of alcohol content of approximately 0.137% during blood while under the influence of alcohol content at approximately 8km from the day before the pool of the pottery in the Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-si, Jeju-si, to the road at the entrance of the shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Consent to blood collection and confirmation, and response to a request for appraisal;

1. Previous conviction in judgment: A written reply to inquiry, such as criminal history (A), and application of each summary order;

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

1. The defendant's crime of repeating a crime, in light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had been punished by a fine twice due to a violation of road traffic law, is not that of the defendant's crime.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered.

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