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(영문) 제주지방법원 2018.06.05 2018고단311
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 November 6, 2009, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act in the Gwangju District Court’s wooden branch on November 6, 2009, and on March 22, 2011, the Jeju District Court issued a summary order of KRW 1 million as the same crime.

[Criminal facts] On January 31, 2018, the Defendant driven B Poter under the influence of alcohol with approximately 0.177% of alcohol concentration from the 7km section from the front of the Seocho-si Love Nowon-dong, Seopo-dong, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to the front of the collection point of the Saemaeul National Treasury, Seopo-si, Seopo-si, Seopo-si, Seopo-si, the Defendant driven the B Poter under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A) and the application of summary order statutes;

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. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act committed a second offense even though he/she had been punished twice due to a violation of traffic laws on roads, and that the amount of alcohol concentration among bloods at the time of driving alcohol is high, the crime of the defendant is not weak.

However, the Defendant’s final records of punishment for driving prior to driving of the instant drinking are the date of 2011, and the Defendant’s failure to repeat the instant crime against himself/herself.

The punishment shall be determined as per the order by taking into account all the circumstances that are conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime.

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