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(영문) 제주지방법원 2017.11.29 2017고단1953
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

[criminal history] On July 10, 2008, the Defendant received a summary order of KRW 500,000,000 from the Daegu District Court Kimcheon as a crime of violating the Road Traffic Act (dacting driving), and on January 14, 2016, the Jeju District Court issued a summary order of KRW 1,50,000 as a fine for the same crime.

[2] On July 13, 2017, around 12:50, the Defendant driven a B-Tech car in the state of alcohol alcohol concentration of about 0.081% at a section of about 10km from the front of a mar restaurant located in the Sinpo-Eup, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of persons who drive drinking);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined by taking into account all the circumstances, such as the alcohol concentration during blood transfusion at the time of the instant case, circumstances after the crime, and the Defendant’s age.

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