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(영문) 제주지방법원 2016.05.25 2016고단162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 30, 2015, the Defendant driven Cpoter cargo vehicles under the influence of alcohol content of about 0.281% from the section of about 500 meters of alcohol during the blood, to Jeju Phodong Co., Ltd., Ltd., which was located in the same Dong, around 20:40 on December 30, 2015.

On February 2, 2016, the Defendant driven C truck under the influence of alcohol content of about 100 meters from the road near the citizen hall located in Dong-do 1, Jeju around 20:53 to the front road of Sodo 151-6, the Defendant driven C truck under the influence of alcohol content of about 0.183% from the 100-meter section to the 1551-6.

Summary of Evidence

"2016 Highest 162"

1. Statement by the defendant in court;

1. Reference to a statement on the circumstances of a driver of a vehicle driving, inquiry into the results of crackdown on drinking driving, consent and request for blood gathering, request for appraisal of alcohol concentration in blood, ledger of blood collection, legal chemical appraisal, and report on detection of a driver of a vehicle driving";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

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

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes);

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend a lecture: It shall be decided as per the Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 or more of the Act on the Observation, etc. of Protection;

Sentencing is disadvantageous for a short period of time: The repeated driving of alcohol during the short period of time, the concentration of alcohol during blood is very high, and a fine for negligence before the same kind of crime and once (the Jeju District Court Decision 100,000 won of a fine for a violation of the Traffic Act (driving on November 4, 199).

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