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(영문) 제주지방법원 2014.10.23 2014고단1220
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

The defendant was issued a summary order of 2 million won on July 21, 2006, and a fine of 1.5 million won on April 1, 2009.

On August 25, 2014, at around 22:00, the Defendant driven a Chigh-est car from approximately 200 meters to the front road of the Jeju Viewing Road in the Jeju Do, which was under the influence of alcohol by 0.113% of blood alcohol concentration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of a drinking driver, and a written appraisal of blood alcohol;

1. Application of the Acts and subordinate statutes to inquiry reports and summary orders;

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; 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 conditions of sentencing specified in Article 51 of the Criminal Act as stated in the reasons for sentencing below): The circumstances that are favorable: The degree of blood alcohol content cannot be said to be low; the fact that the degree of blood alcohol content cannot be said to be low; the fact that a fine of 1.5 million won is imposed for a violation of the Road Traffic Act of 2008 due to a violation of the Road Traffic Act of 2008, a fine of 7 million won or more due to a violation of the Road Traffic Act of 2006,000 won or more; and other reasons: the defendant's age, occupation, family relation, etc.

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