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(영문) 제주지방법원 2018.03.08 2017고단1974
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 11, 2017, around 06:17, the Defendant driven B low-water cars with alcohol content of about 10km from the 10km section around Jeju Medical Center to the roads near Jeju Medical Center located in the 10km south of Jeju.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the 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. The following circumstances should be taken into account in particular, given the reasons for sentencing of Article 62-2 of the Criminal Act, in light of the following circumstances: The fact that there is no record of punishment exceeding a fine: (a) a person was already punished on two occasions by driving under drinking, but the person committed a second offense; (b) a person was sentenced to a fine on two occasions due to driving under drinking; (c) a person was in high alcohol concentration and driving distance exceeds 10km; and (d) the police was arrested at the wind that the defendant was harming the inspection or escape of drinking.

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