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(영문) 제주지방법원 2013.11.22 2013고단1251
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2013, the Defendant was under the influence of alcohol with 0.115% of blood alcohol concentration at around 00:33, the Defendant driven a B-to-purd car at approximately KRW 500 meters from the vicinity of the Hannam University in Jeju Nowon-si to the front road of the 's Seocho-si’ located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the reasons for sentencing): The favorable circumstances are recognized as facts of crime, which seriously reflects the fact, and which are disadvantageously unfavorable to the fact that the distance of driving under influence is not set: The recent previous previous criminal convictions and the violation of the Road Traffic Act (driving) on May 23, 2013; the fact that there is a fine of 1.5 million won: The judgment is made in the same order for reasons such as the circumstances of driving under influence of alcohol, the concentration of blood alcohol, and the occupation of the defendant.

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