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(영문) 제주지방법원 2016.04.07 2015고단1814
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 January 24, 2011, the Defendant is a person who has been sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Jeju District Court on January 24, 201, and a person who has been sentenced to a summary order of KRW 4 million for the same crime at the same court on March 13, 2014 and has been sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at least twice.

On December 14, 2015, the Defendant driven Cpoter cargo at approximately 2 km section from the Defendant’s house located in Jeju-si B, to the front road of about 0.172% alcohol level, under the influence of alcohol level from around 14:00, to the front road of about 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Education is that the Defendant committed the instant crime even though he/she had the record of being sentenced to a fine three times due to driving of drinking, and at the same time, he/she committed the instant crime, in light of the fact that alcohol content in blood is considerably high, and that a cargo vehicle causes a substitute accident by driving, etc., the Defendant should be strictly punished.

However, there is no record that the defendant led to the confession of all the crimes of this case and divided his mistake, and that there is no record of punishment exceeding the fine due to drinking driving, the sentencing in similar cases, the age, sex, environment, the circumstances leading to the crime of this case, the circumstances after the crime, and other factors.

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