(영문) 제주지방법원 2017.09.28 2017고단1328

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(영문) 제주지방법원 2017.09.28 2017고단1328

도로교통법위반(음주운전)

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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 July 9, 2013, the Defendant received a summary order of KRW 1,50,000 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 2 million from the same court on August 28, 2014 to a fine of KRW 2 million for the same crime.

On May 13, 2017, the Defendant driven B Poter truck under the influence of alcohol content of approximately 0.077% from a 200-meter section to the front road of the restaurant to the front road of the gas station in the same city, regardless of gold tank 03:32, around Jeju-si, the Defendant driven B Poter truck under the influence of alcohol content of about 200 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 application of Acts and subordinate statutes attached to summary orders;

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 the course and taking into account all the various sentencing conditions specified in the argument of the instant case, in particular, the following circumstances shall be taken into account: The favorable circumstances: the one that reflects the other, and the other that the alcohol content in blood is not high: The one that repeats the crime even if the person was punished three times by a fine for

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