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(영문) 제주지방법원 2016.07.21 2016고단806
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On April 23, 2016, under the influence of alcohol content of 0.118% during blood transfusion, the Defendant driven a 500-meter-based Category B car owned by the State or Lone Star Co., Ltd. from Jeju-si public parking lot located in the Jeju-si Co., Ltd. to the new Jeju-si officetel located in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a primary driver (the result of blood collection);

1. The application of Acts and subordinate statutes to a request for appraisal of alcohol concentration, a request for appraisal and a response to a request for appraisal during blood;

1. Relevant legal provisions and Articles 148-2 (2) 2 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On May 29, 2006, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act at the Incheon District Court on May 29, 2006. On February 17, 201, the Defendant issued a summary order of KRW 2.5 million for the same crime in the support of Suwon Won Won Won Won Won Won, and on May 9, 201, the Jeju District Court issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in spite of the record of being sentenced to a fine of KRW 3 million for the crime of violating the Road Traffic Act (e.g., refusal of drinking), and in light of the fact that the Defendant committed the instant crime even though he had been sentenced to a fine of KRW 3 million for the crime of violating the Road Traffic Act at the Jeju District Court on May 9, 2014. In light of the above fact that the Defendant

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, there is no record of criminal punishment exceeding the fine due to the driving of drinking, the distance of driving is relatively short, the two times in similar cases, the age of the defendant, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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