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(영문) 제주지방법원 2017.11.29 2017고단2131
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[criminal history] On October 15, 2008, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on March 18, 2010 for the same crime.

[Criminal facts] On August 7, 2017, the Defendant driven B rocketing car under the influence of alcohol with approximately 150 meters alcohol concentration of about 0.157% from the 150-meter section to the day before the Lmond hotel, which is linked around 00:40 on August 7, 2017.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report, and Acts and subordinate statutes;

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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are as follows: (a) alcohol concentration during blood at the time of the instant case; (b) recidivism committed by the Defendant despite having been punished for the same kind of crime as indicated in its reasoning; (c) circumstances after the crime was committed; and (d) the Defendant’s age

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