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(영문) 제주지방법원 2015.02.06 2014고단1851
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 5, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Gwangju District Court on February 5, 2007, and KRW 4 million as a fine for the same crime at the Jeonju District Court's Branch on January 14, 201 and the Jeonju District Court's Branch on January 14, 201.

On November 17, 2014, the Defendant was under the influence of alcohol of 0.328% with blood alcohol concentration around 21:30%, and the Defendant was driving a bpppon vehicle at the section of approximately 10km in front of the “Ama elementary school” located in the Sari-si in the front line of Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of statutes by making inquiries about the results of crackdown on drinking driving, criminal records, etc.;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend a lecture: The sentence is determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc.: The recognition of facts of crime and reflects: the fact of crime; the fact that there is no criminal record exceeding a fine and there is no record of criminal punishment since 201; there is a record of criminal punishment for drinking driving several times, including the criminal record in the judgment; the fact that blood alcohol concentration is very high; and the fact that the crime is not good in light of the circumstances at the time of the crime (the arrest by the police who escaped without a prosecutor's questioning). It is so decided as per Disposition for the reason that the defendant's family relation, occupation, etc. is higher.

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