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(영문) 제주지방법원 2018.09.03 2017고단3166
도로교통법위반(음주운전)
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A defendant shall be punished by imprisonment for one year.

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

On November 15, 2012, the Defendant was issued a summary order of KRW 5 million by the Jeju District Court for a violation of the Road Traffic Act, etc., and on September 26, 2013, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with labor for a violation of the Road Traffic Act.

On November 7, 2017, around 17:45, the Defendant driven the Ccoon-house Ban in the state of under the influence of alcohol content of about 0.339% from around 60 meters to the south side of the elementary school in the front of the 122-ro, 122, a road in the front of the Dong-gu, the head of the Dong-gu, the Do-Eup.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant photographs;

1. Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order, etc.) statute;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act include all the various conditions of sentencing specified in the argument of the instant case for the reason of protection, observation, order to attend a lecture, community service, and the sentencing of Article 62-2 of the Criminal Act. In particular, the following circumstances should be taken into consideration: The defendant is sentenced to a fine of KRW 500,000,000,000 for a minor, the defendant must support his/her minor, the defendant scrapped his/her vehicle: the defendant was sentenced to a suspended sentence for six months due to a violation of the Road Traffic Act (driving) in 2012; the defendant was sentenced to a suspended sentence for one year for a violation of the Road Traffic Act in 2013; the defendant has been punished twice more due to a violation of the Road Traffic Act; the alcohol concentration in the blood is considerably high; and the accident that causes a collision and

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