logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.08.18 2017고단1005
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

[criminal history] On January 5, 2009, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), etc. from the Jeju District Court. On February 11, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the same court.

[2] On April 18, 2017, the Defendant: (a) around 21:45, at the Jeju City, driven a car for Cone Star while under the influence of alcohol with approximately 400 meters alcohol content 0.092% from the 400m section before the Jeju City to the road before the traffic hotel.

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. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, and the concentration of alcohol during blood at the time of the instant case, circumstances after the crime was committed, and the Defendant’s age, etc., shall be determined as the sentence as ordered

arrow