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(영문) 제주지방법원 2017.12.20 2017고단2132
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 13, 2007, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Jeju District Court on November 13, 2007, and a summary order of KRW 2 million for the same crime at the same court on October 4, 2012.

[Criminal facts] On July 25, 2017, the Defendant driven B rocketing car with alcohol content of about 0.087% from around 200 meters to around 12-7 roads in the same city from the front road of the 200-lane 3 east-si, Jeju-si around 2017, while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history (A), investigation report, and Acts and subordinate 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 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (i.e., reflective points, the fact that there is no criminal history exceeding the fine, and the fact that there is no personal damage);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for the reduction of the amount of punishment repeated consideration);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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