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(영문) 제주지방법원 2016.08.11 2016고단816
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

【Power of crime】 On July 5, 2007, the Defendant has been in violation of Article 44(1) of the Road Traffic Act, such as a summary order of a fine of 1.5 million won at the Jeju District Court for a crime of violation of the Road Traffic Act, and a fine of 1.5 million won at the same court on July 9, 2010 and a summary order of 1.5 million won for the same crime, respectively.

【Criminal facts constituting a crime】 On April 25, 2016, the Defendant driven a marina car from approximately 3 km to the Ara middle school in the direction of the Pung Sea State, which is located in the 2nd east-dong of Jeju City, in the state of alcohol content of at least 0.056% during blood transfusion at around 13:40 on April 25, 2016.

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: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

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 among the reasons for sentencing)

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

1. In light of the fact that the Defendant committed the instant crime even though he/she had been punished three times or a fine due to drinking alcohol driving in the past, the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant should be strictly punished.

However, in light of the fact that the defendant is making a confession of the crime of this case, the amount of alcohol concentration in the blood of the defendant is not high at the time of the crime of this case, the distance driven by the defendant, the amount of punishment in similar cases, the age of the defendant, sexual conduct, 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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