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(영문) 제주지방법원 2017.04.26 2017고단356
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

[criminal history] On February 7, 2007, the Defendant was sentenced to a summary order of a fine of 2.5 million won for a violation of road traffic law at the Suwon Flag Flag, etc., and on December 14, 2011, the above court was sentenced to a suspended sentence of six months for a violation of road traffic law.

[2] On February 2, 2017, the Defendant, while under the influence of alcohol at around 0.063% during blood transfusions, driven a clater vehicle within a section of approximately one kilometer from the KCTV opposite to the KCTV, which is linked to Jeju City, to the Hosiwon road located in the Jeju City, to the Hohowon road located in the Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act (i.e., the reflective fact, the alcohol concentration in blood is relatively low, and human damage is not caused, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (it shall be considered again for the reasons considered in the mitigation of the amount of the above punishment);

1. The risk of recidivism is high in light of the fact that the defendant committed the crime of drinking of this case again even though he/she had the criminal record of imprisonment one time as a suspended sentence of imprisonment due to the same crime, such as drinking, driving, etc. in the past, and five times as a fine, under Article 62-2 of the Criminal Act;

It is judged as ordered by the court on the grounds that protection observation and community service order and order to attend lectures are more or more.

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