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(영문) 제주지방법원 2018.04.20 2017고단2450
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 history] On June 10, 2014, the Defendant received a summary order of KRW 7 million from the Jeju District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving). On November 4, 2014, the Jeju District Court issued a summary order of KRW 5 million from a fine of KRW 1,00,00 due to a violation of the Road Traffic Act (driving).

[2] On August 22, 2017, the Defendant driven Bcoon-line cargo vehicles under the influence of alcohol concentration of approximately 0.176% from the 3 KKm section to the front road of Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, on the part of Seopo-si, Seopo-si, Seopo-si, Seopo-si.

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. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a 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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. In light of the following circumstances: (a) the Defendant’s reasons for sentencing under Article 62-2 of the Criminal Act, including the previous conviction in the judgment, committed a second offense; (b) the degree of alcohol content is high during the blood transfusion at the time of the instant case; (c) the circumstances after the instant crime; and (d) the Defendant’s age, etc., the punishment as ordered shall be determined.

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