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(영문) 제주지방법원 2017.08.25 2017고단1635
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 August 26, 2014, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Jeju District Court, and was sentenced to a fine of KRW 3 million by the same court on June 8, 2015.

On June 10, 2017, under the influence of alcohol content 0.169% during blood transfusion, the Defendant driven CFD car at around 0.169%, and 800 meters away from Jeju city to the front of the Election Management Committee located in 506, a year in front of the election management committee in front of the election management committee located in 506 at Jeju.

The written indictment states that “the person was driven in front of the Election Management Committee at Jeju 506, 300 meters prior to the Election Management Committee.” However, according to the evidence records, it is recognized that the person driven 800 meters prior to the above facts constituting the crime, and in this case where the defendant is led to confession, the correction of the above facts constituting the crime does not materially affect the defendant’s right of defense

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (including a report on the situation of the driver in charge and a report on the results of regulating drinking driving);

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to the text of the judgment);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is very poor in that the Defendant, as before the judgment, was punished twice or for a crime of drinking alcohol driving, etc., but did not have any person, and again reached the driving of the instant drinking alcohol, such crime is very poor.

However, the argument of this case, such as the fact that he is against himself, will not drive again, and is participating in the consultation for treatment of alcohol addiction, the age, sex, environment, circumstances after the crime, etc. of the defendant.

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