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(영문) 제주지방법원 2013.10.24 2013고단1036
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

On April 20, 2007, the Defendant was issued a summary order of KRW 2.5 million from the Busan District Court's branch court to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving). On April 29, 201, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Sungnam branch court of the Suwon District Court's Sungnam branch.

On May 12, 2013, at around 06:10, the Defendant driven a B B-type car at a distance of approximately 500 meters from the front of the Doin apartment complex 3 complex located in the same Dong to the front of the Jeju 117 Center located in the same Dong, while under the influence of alcohol content of about 0.193%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the blood line alcohol appraisal report;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do134, Jan. 1, 201; 201Do114, Feb.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. Social service order under Article 62-2 of the Criminal Act;

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