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(영문) 제주지방법원 2017.06.28 2017고단730
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

On December 17, 2007, the Defendant received a summary order of a fine of two million won from the Jeju District Court for a violation of the Road Traffic Act (drinking driving), and on August 26, 2014, the Defendant received a summary order of a fine of four million won from the same court as the same crime.

On February 28, 2017, while under the influence of alcohol content of 0.07:28% in blood, the Defendant driven a Drails on the section of approximately 300 meters from around C before Jeju to the 28-1 (Noon Dong-ro) 300 meters in the front road of the hump in Jeju Island.

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 written reply to inquiry, such as criminal history (A);

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 (i.e., reflective points, the fact that there is no criminal history exceeding a fine, the fact that alcohol content in blood is relatively low, and the support for family members, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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