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(영문) 제주지방법원 2016.11.07 2016고단1858
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 became final and conclusive.

Reasons

Punishment of the crime

On June 15, 2010, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court due to a crime of violation of the Road Traffic Act, etc., and on January 22, 2015, the Defendant was issued a summary order of KRW 1.5 million by the same court as a crime of violation of the Road Traffic Act.

On August 3, 2016, at around 01:25, the Defendant driven a BRado 100 motorcycle at a section of about 500 meters from the front of the restaurant at the Jeju Nowon-gu, 2264-1, while under the influence of alcohol of 0.142% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a C’s statement, a de facto investigation report, and on-site photographs;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

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; Selection of imprisonment;

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

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

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