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(영문) 제주지방법원 2016.05.24 2016고단435
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 August 7, 2006, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Jeju District Court on August 7, 2006, and a fine of KRW 2 million at the same court on January 19, 2014, respectively.

[2] On February 29, 2016, the Defendant driven BNEW EF rocketing car at approximately 8km from the 8km section to the long distance from the entrance of the university in Jeju, while under the influence of alcohol level of 0.067% during blood around 04:56.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The circumstances that are recognized as all facts constituting an offense: The fact that there are two times the past records of punishment for the same kind of crime, but they reach the instant case without any awareness of the fact. It is decided as ordered by the court on the grounds that the blood alcohol concentration, driving distance, motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, and family relationship are higher than that of the same crime.

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