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(영문) 제주지방법원 2017.11.29 2017고단1551
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

[criminal history] On May 21, 2007, the Defendant was sentenced to 0.138% of alcohol concentration during blood, and 0.069% of alcohol concentration during blood on July 17, 2007 to imprisonment with prison labor for 8 months at the Jeju District Court on October 9, 2007 and 2 years of suspended execution.

[2] On June 18, 2017, around 08:35, the Defendant driven a driver’s vehicle with a gallon in the state of alcohol 0.084% of alcohol content among blood while under the influence of alcohol from the gallon apartment to the gallon in Jeju Island from the gallon apartment to the gallon in Jeju Island to the gallon.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy 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. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, and the concentration of alcohol during blood at the time of the instant case, circumstances after committing the crime, and the Defendant’s age, etc., shall be determined as the same as the order;

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