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(영문) 제주지방법원 2016.06.01 2016고단436
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for 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

On August 24, 2007, the Defendant received a summary order of a fine of one million won for a crime of violating the Road Traffic Act from the Busan District Court on the grounds of a violation of the Road Traffic Act, and on April 24, 2014, the Jeju District Court received a summary order of a fine of two million won for the same crime, and has violated Article 44(1) of the Road Traffic Act on at least two occasions.

Criminal facts

On February 28, 2016, the Defendant driven B observer car with alcohol content of about 0.149% in blood from around 200 meters to the front road of the Gu car registration office located in the same Dong from around Jeju-do to the Jeju-do 22:50 on February 28, 2016.

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 convictions in judgment: A criminal report (Attachment of a summary order), application of Acts and subordinate statutes governing criminal history;

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 choice 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;

1. Order of community service: It shall be decided as ordered for the reasons under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.;

Circumstances unfavorable to the reasons for sentencing: The fact that alcohol concentration is high in blood;

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