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(영문) 제주지방법원 2016.11.29 2016고단2250
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who has violated the prohibition on driving a motor vehicle under the influence of alcohol on April 21, 2015 by driving a motor vehicle with a blood alcohol concentration of 0.073% on November 11, 2015 and with a blood alcohol concentration of 0.070% on November 11, 2015 at least twice.

On August 13, 2016, at around 23:43, the Defendant driven BMW car under the influence of 0.124% of blood alcohol concentration on the road located around approximately 200 meters from a food felb in the Jeju-si Do to the front day of the CU Doco loan in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking driving records);

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:

The favorable circumstances: The facts that all facts of the crime are recognized and met at a favorable level: The fact that each of the fines was imposed on April 21, 2015 and November 11, 2015 for the same crime; the fact that the person was punished for driving under the influence of alcohol during a short period of time, while driving under the influence of alcohol during a short time, and that the blood alcohol concentration level is considerably high, are inferior to the quality of the crime. It is so decided as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relationship are above the same kind of crime.

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