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(영문) 제주지방법원 2017.04.26 2017고단149
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 October 8, 2008, the Defendant was sentenced to a fine of KRW 1.5 million as a crime of violating road traffic law (drinking driving) at the Seoul Central District Court on the same day, and KRW 5 million as a fine in the same court on September 13, 2012.

[Criminal facts] On January 9, 2017, the Defendant driven a Bncoo-ro car under the influence of alcohol content of approximately 0.108% from approximately 200 meters to the Lincian hotel, which is located in 12-lane 45 (Dong Dong Dong Dong) as in Jeju, as from the roads near Jeju Island, which are linked around 03:09 around January 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

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

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 2009Da11448, Apr. 1, 201)

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 so decided as per Disposition by the court below on the ground that the defendant again committed the crime of drinking alcohol in this case even though he had been punished three times for the same offense such as drinking, etc. under Article 62-2 of the Criminal Act (the defendant's order to attend a lecture is deemed to lack awareness of compliance driving, and the order to attend a lecture is imposed).

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