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(영문) 제주지방법원 2016.12.16 2016고단2176
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 22, 2016, at around 00:36, the Defendant driven a Flue vehicle with a blood alcohol concentration of about 0.258% in the section of about 3 km from the front of the chickens located in the law exchange Dong at Seopopo City to the front road of the Seopoposidong located in the same Sinsan-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of statutes on field photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice 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 (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Orders to put probation and attend lectures: The grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be determined as the disposition, considering all of the following circumstances:

Normal circumstances that are favorable: The fact that all facts constituting the crime are recognized and considered to have been committed: Four times (the fine is 1.5 million won on April 29, 2002; the fine is 4 million won on August 21, 2003; the fine is 2 million won on December 29, 2004; the fine is 3 million won on November 2, 201). In this case, the blood alcohol concentration is very high by 0.258% on the above past criminal records. In this case, the blood alcohol concentration is considerably high by 0.13% (0.13%,0.142%,0.0.241%, and 0.235%). Accordingly, the defendant is deemed to lack of awareness about drinking driving on the grounds that he is the motive and circumstances of the crime, his occupation after the crime is committed, his age, family relation (hereinafter referred to as the text of the judgment).

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