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(영문) 제주지방법원 2018.08.13 2018고단593
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

On August 3, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a crime of violating the Road Traffic Act, and a summary order of KRW 2 million by the same court on May 22, 2013, respectively.

around 03:10 on March 20, 2018, the Defendant driven a B K5 vehicle under the influence of alcohol content of about 1km from around the mutual influent restaurant located in the vicinity of the Japan-dong Citizens' Center to the spread of about 20 to the front of the traffic hotel located in the same city-ro 20 meters.

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. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reporting (power of punishment of the same kind of suspect drinking

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend school and taking into account all the various sentencing conditions specified in the argument of the instant case on the grounds of sentencing, in particular, taking into account the following circumstances into account: A favorable circumstance: A person who reflects himself/herself, and a normal condition unfavorable to him/her that his/her alcohol content is not high: A person repeats

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