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(영문) 제주지방법원 2014.06.27 2014고단549
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 22, 2011, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Jeju District Court on January 2, 201, in the above court on January 2, 2012, with the same crime, etc., and on April 22, 2014, the above court issued a fine of KRW 7 million as the same crime.

On January 24, 2014, the Defendant was under the influence of alcohol of 0.198% of blood alcohol concentration at around 19:15, and was driving B Lart car at the section of approximately 300 meters from the front way of “the shipping cost or the shipping cost,” located in the same Dong located in the Ba-dong, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry the results of crackdown on drinking driving, inquiry report including criminal records, and application of Acts and subordinate statutes to investigation reports (attached to a summary order, etc.);

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the grounds for sentencing) (The conditions of sentencing are considered) provides the sentence as ordered in consideration of all the following circumstances: Recognizing the facts of crime and reflects it; Recognizing the fact that there is no other criminal record other than the previous criminal record in the judgment, the fact that the blood alcohol content is very high; and the fact that there is a recent previous criminal record of the same kind (the fact that a summary order was issued on April 22, 2014 as of January 21, 2014, which was issued on April 22, 2014), other circumstances after the crime was committed (the circumstance that a summary sentence was submitted to a fine of seven million won) and the defendant's family relation and health status, etc. are determined as ordered by the Disposition.

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