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(영문) 제주지방법원 2013.06.28 2013고단554
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 1, 2013, the Defendant, while under the influence of alcohol with 0.233% of blood alcohol concentration on April 1, 2013, driven B truck at a section of approximately 100 meters from the front of the Jeju-si residential colon’s “Jart” to the front of the “Jart” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 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 (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reasons for sentencing): The favorable circumstances are determined as ordered by the order, considering all the following circumstances: the time of a crime; the fact that the crime is recognized and reflects; the fact that the distance of driving under the influence of alcohol does not run away: the fact that the blood alcohol concentration is very high; the fact that the person has a criminal record for the same kind of crime on April 8, 2008; the fact that the person has been punished by a fine of KRW 2.5 million for the same crime on September 4, 2009; and the fact that the person has been punished by a fine of KRW 3 million for the same crime on September

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