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(영문) 제주지방법원 2018.07.09 2017고단3057
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 6, 2008, the Defendant issued a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act (drinking driving), and on January 31, 201, the same court issued a summary order of KRW 1,50,000 as a fine for the same crime, respectively.

On November 03, 2017, the Defendant driven B K7 car under the influence of alcohol content of approximately 0.127% from around 300 meters from the front of suckbucks sing point at the sucking point to the front of the Western-dong, which is located in the Seopo-dong at the Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. References to inquiries, such as criminal history, and application of summary order statutes;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The reflection of the punishment, the fact that there is no record of crime punishable in excess of a fine, the fact that driving of a motor vehicle is not driving a motor vehicle at a disadvantage: The fact that a person repeats a crime even though he/she had the record of punishment three times due to drinking driving, and the fact that alcohol concentration in the blood is high;

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