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(영문) 제주지방법원 2017.12.05 2017고단2746
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

On September 24, 2013, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeju District Court on September 24, 2013, and a summary order of KRW 1.5 million for a fine by the same court on May 10, 2017.

On October 19, 2017, the Defendant driven an E rocketing car under the influence of alcohol content of about 0.109% in blood from around 300 meters from the front of Jeju to the front of Jeju Island, from around 22:20 on October 19, 2017.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

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 convictions indicated in the judgment: Application of a reply to inquiry, such as criminal history, a criminal investigation report ( twice the history of punishment for driving a suspect's drinking), Jeju District Court Decision 2017 Gool 1478, Jeju District Court Decision 2013 Gool 133, Gool 2013

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 reason for sentencing under Article 62-2 of the Criminal Act includes two times or two times or more for the crime of drinking alcohol driving as indicated in the judgment of the court below, and the driving of drinking in this case was punished by drinking on February 23, 2017. The driving of drinking in this case is at the time of eight months from the former judgment. The driving of drinking in this case is at the time of eight months from the former judgment, the amount of alcohol concentration during blood, the support of the elderly, the defendant's age, sex, environment, circumstances, circumstances after the crime, etc. shall be determined as ordered by the disposition of the court below in consideration of various sentencing conditions shown in the arguments of this case.

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