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(영문) 제주지방법원 2016.06.15 2016고단636
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On June 21, 201, the Defendant received a summary order of KRW 1,00,000 from the Jeju District Court to a fine for a violation of road traffic laws (drinking), and on July 18, 201, the same court issued a summary order of KRW 1,50,000 as a crime of violation of road traffic laws (drinking).

[2] On March 23, 2016, the Defendant driven a BS-type car under the influence of alcohol content of about 0.105% in the section of approximately 2km from the blood alcohol level to the roads in front of the Han-day Electric A/S specialty store, located in the same city-ro 15 roads south-do, Nam-do, Do, Do, Do, Nam-gu, Do, Do, 15-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving a drinking, notification of the results of crackdown on drinking, and related photographs;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and to attach a copy of a summary order;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

Conditions unfavorable to sentencing: Same criminal records and two times (refer to the part of the previous records in the judgment).

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