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(영문) 제주지방법원 2018.05.25 2018고단278
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 February 17, 2009, the Defendant was sentenced to five months of imprisonment with prison labor due to a violation of road traffic law (drinking driving) at the main branch of the Chuncheon District Court. On March 5, 2009, the Defendant was sentenced to a fine of four million won due to a violation of road traffic law (drinking driving) at the Seoul Southern District Court.

[2] On October 15, 2017, the Defendant driven a CKaren car in the section of about 4 km from the road near the door-to-door located in the original city in the original city to the bus stop located in the same Eup 2111 in the village of the same Eup, while under the influence of alcohol by 0.250% during blood transfusion around 22:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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, (A) and Acts and subordinate statutes to report an investigation (Attachment of judgments related to the same criminal history);

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

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he/she had been punished three times due to a violation of road traffic law, and that the amount of alcohol concentration in blood at the time of driving alcohol is high, etc., the defendant's crime is not easy.

However, the Defendant’s final records of punishment for driving prior to driving of the instant drinking are the date of 2009, and the Defendant’s failure to repeat the instant crime against himself/herself.

The punishment shall be determined as ordered by taking into account all the circumstances that are conditions for sentencing, such as the defendant's age, health status, environment, and circumstances after the crime.

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