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(영문) 제주지방법원 2016.10.31 2016고단1929
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 18, 2007, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act from the Incheon District Court's Branch Branch on April 18, 2007, and a suspended sentence of two years for six months for a violation of the Road Traffic Act from the Incheon District Court's Branch Branch on September 25, 2008.

On August 14, 2016, at around 02:20, the Defendant driven a Bwing-III cargo vehicle with approximately 4.4km from a public parking lot in front of 672-1, the south-gu, Seopo-si, Seopoon, Seopo-si, Seoul, to the road in front of 314, South-west-ro, Namnam-ro, 314, while under the influence of alcohol content 0.226%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report, and on-site photographs;

1. C’s statement;

1. The circumstantial report of an employee;

1. Report on internal investigation (with respect to collection of blood), report on seizure and list of seizure of the police, request for appraisal, statement of blood alcohol and alcohol and report on the detection of a drinking driver;

1. Investigation report (explosion place and driving section);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a copy of relevant judgment);

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; Selection of imprisonment;

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

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

1. Order to provide community service: Circumstances unfavorable to the reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The fact that blood alcohol values are very high;

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