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(영문) 제주지방법원 2017.05.10 2017고단148
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[criminal history] On June 19, 2009, the Defendant was sentenced to a fine of KRW 2 million, and a fine of KRW 3.5 million on August 26, 2012 at the Jung-gu District Court on the same crime, respectively, for a crime of violation of road traffic law.

[Criminal facts] On November 30, 2016, the Defendant driven B car under the influence of alcohol content of approximately 0.052% from the 3km section from the front of the S Central Hospital located in the Cranc City around 07:58 on November 30, 2016 to the front road of the Seocho-ro 28-1 in Jeju City.

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. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (A), and Acts and subordinate statutes (Attachment to the previous and copy of the summary order);

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

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2009Da1248, Apr. 2, 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered again for the reasons considered in the mitigation of the amount of the above punishment);

1. It is decided as per the Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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