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(영문) 제주지방법원 2016.12.14 2016고단2547
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

On September 6, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on October 26, 2010.

On November 8, 2016, at around 23:44, the Defendant driven a cromatic car under the influence of alcohol content of about 0.194% at a section of about 300 meters from the marina hotel parking lot, which is linked to Jeju Island, to the front road of the Mana Center located in the same city-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Consent and request for blood collection, blood collection ledger, request for appraisal of blood alcohol concentration, appraisal statement, and report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

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; Selection of imprisonment;

1. Discretionary mitigation: 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 judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

The circumstances favorable to the reasons for sentencing: The circumstances that have no record of different types: The blood alcohol concentration is very high;

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