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(영문) 제주지방법원 2017.11.29 2017고단1745
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal history] On September 16, 2011, the Defendant was sentenced to a suspended sentence of two years for six months by committing a violation of road traffic law at the Seoul Central District Court (drinking driving). On June 21, 2012, the Defendant was sentenced to a suspended sentence of eight months by imprisonment for a violation of road traffic law at the Seoul Southern District Court.

[2] On June 23, 2017, the Defendant: (a) while under the influence of alcohol at around 08:50, the Defendant driven a B-car in the section of about 1km to the front of the Jeju-si 192 “Stop Market” in Jeju-si, from the front of the Jeju-si Port, while under the influence of alcohol at 0.188%; (b) from Jeju-si, the Defendant driven a B-car in the section of about 1km to the front of the

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. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

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

1. The Defendant’s reasons for sentencing under Article 62-2 of the Social Service Order Act, in addition to the previous convictions indicated in the judgment, repeating a crime even though he/she had been punished several times for the same crime. The degree of alcohol content is very high during blood at the time of the instant case, circumstances after the crime, and Defendant’s age, shall be determined as ordered by taking into account all the circumstances such as the following:

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