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(영문) 제주지방법원 2017.04.12 2017고단295
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 August 14, 2009, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jeju District Court on August 14, 2009, and on June 14, 2012, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

On February 2, 2017, the Defendant was under the influence of alcohol level of 0.146% during blood transfusion around 12:47, and the Defendant driven a car with the highest speed of 1 km from the Switzerland apartment in the Jeju-si to the road near the Switzerland Industrial Complex, which is located in the same Dong from the Switzerland Industrial Complex to the road in front of the same region.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Previous convictions: Application of a written reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes to report on investigation (Attachment of criminal records of the same kind as the suspect);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act concerning the crime and Article 148-2 (1) 1 of the same Act concerning the selective punishment;

1. Normal circumstances such as the provision of Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (i.e., the violation of the provision, the distance from driving, the distance from driving, and the violation of the provision of Article 55(1)3 of the Act to prevent crimes for five years after driving under a suspended sentence of imprisonment for the past);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of protection observation and order to provide community service and attend lectures under Article 62-2 of the Criminal Act or more;

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