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(영문) 제주지방법원 2016.04.27 2016고단314
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

【Criminal Records of Crimes】 On September 18, 2009, the Defendant issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act at the Jeju District Court, and on November 11, 2015, a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act at the same court, and has been punished two times or more as a crime of violating the Road Traffic Act.

【Criminal facts” around February 12, 2016: (a) around 21:25, the Defendant driven the Category C car while under the influence of alcohol concentration of approximately 0.139% in the 2km section from the Do in front of the non-exclusive restaurant in the vicinity of the Maternuspo-Eup, Seopo-si, Seopo-si, Seopo-si to the first intersection of the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, report on the circumstances of the driver under driving under drinking, and notification of the results of crackdown on driving under drinking;

1. Previous convictions: Inquiries about criminal history and the application of two-yearly Acts and subordinate statutes to summary orders;

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 to attend a lecture: It shall be decided as per the Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 or more of the Act on the Observation, etc. of Protection;

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