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(영문) 제주지방법원 2018.04.12 2017고단2419
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 25, 2007, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Jeju District Court on May 25, 2007, and by issuing a summary order of two million won for the same crime at the same court on January 15, 2015, respectively.

On September 14, 2017, the Defendant driven a motor vehicle B with B in the section of about 50 meters from Jeju to the duty-free shop located in 14-lane 41 ( annually dong), as Jeju-si, from the Mour road near Jeju-si, under the influence of alcohol content 0.09% in alcohol among blood transfusion around 04:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Application of a reply to inquiry, such as criminal history, and an investigation report (in addition to the previous and a copy of the summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including all the various sentencing conditions specified in the argument in the instant case, on the condition that such conditions are considered: In particular, the following circumstances should be taken into account; the favorable circumstances: (a) the negative circumstances; and (b) the unfavorable circumstances that raise young children: A second offense even if having been committed three times or more due to drinking driving;

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