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(영문) 제주지방법원 2016.09.23 2016고단1492
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 March 7, 2012, the Defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act (drinking driving) at the Jeju District Court on March 7, 2012, and on April 28, 2015, the same court issued a summary order of five million won for the same crime.

[2] On July 2, 2016, the Defendant driven Cone Star Corma from approximately 100 meters to the road near the dry field of the Defendant located in Seopo-si B, Seopo-si with alcohol content of 0.234%, while under the influence of alcohol during blood transfusion around 20:15.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, 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, the selection of imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act (The following sentencing conditions are considered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act as stated below) shall be determined as ordered by considering all of the following circumstances.

The advantageous circumstances that are favorable: The fact that all facts of the crime are recognized and considered unfair: there are two times the records of being punished by a fine for the same kind of crime, and even if so, the amount of alcohol concentration in the blood was 0.144% and 0.263%, and the amount of alcohol concentration in the blood was 0.234%, the defendant's awareness of alcohol concentration in the blood of this case is very low, and there is no justifiable reason for the defendant to drive alcohol at the time of the case: The driving distance, motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relation is determined as per Disposition.

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