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(영문) 제주지방법원 2018.04.06 2018고단19
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 March 18, 2014, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving alcohol) at the Jeju District Court. On July 3, 2017, the Jeju District Court issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving alcohol).

[2] On December 20, 2017, around 07:40, the Defendant driven a Maz car under the influence of alcohol with approximately 10k alcohol content 0.186% from the 10km section to the front intersection in the 11-lane Nowon-dong Nowon-gu, Anon-si, Yan-si, Seoul, to the front intersection in the 11st century.

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: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same type of force);

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 reason for sentencing under Article 62-2 of the Criminal Act, even though he/she had been punished by a fine on three occasions due to a violation of the Road Traffic Act, the defendant's crime of repeating the crime is not less complicated.

However, in light of all the circumstances, such as the defendant's age, environment, and circumstances after the crime, the defendant's recognition of the crime and the circumstances leading to the crime, there are grounds for consideration, and the punishment shall be determined as set forth in the text.

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