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(영문) 제주지방법원 2016.12.06 2016고단2291
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 power] On December 22, 2006, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jeju District Court, and on May 30, 2013, the Defendant issued a summary order of KRW 1 million for the same crime at the same court.

【Criminal Facts】

On May 5, 2016, at around 22:30, the Defendant driven a motor vehicle with D highest PP at approximately 10km from the Do near the residence of Seopopopo City C, which was under the influence of alcohol by 0.0796%.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of an employee;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report (calculated of blood alcohol concentration at the time of this case);

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same attached power), and application of Acts and subordinate statutes governing 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, the choice of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. An order to attend a lecture: The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the order, taking into consideration all the following circumstances:

The favorable circumstances that are recognized as all facts constituting a crime: The records of punishment of fines for the same kind of crime are two times as stated in the judgment of the court below, and other records of punishment for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and the Road Traffic Act have been punished as a violation of the Road Traffic Act. In other words, the defendant seems to lack awareness of traffic-related crimes: The amount of alcohol concentration in blood, driving distance, motive and circumstance of the crime, circumstances after the crime, occupation, age, and family relationship of the defendant are determined as above.

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