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(영문) 제주지방법원 2017.11.29 2017고단1987
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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

[criminal history] On October 27, 2008, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 2.5 million from the same court on February 23, 2012 to the same crime.

[2] On July 30, 2017, the Defendant driven a car with B low-speed in a section of about 300 meters for the front and front roads, regardless of the ancient cities located in Aradong at Jeju, while under the influence of alcohol content of 0.084% during blood transfusion around 05:58 on July 30, 2017

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 application of Acts and subordinate statutes to investigation reports (prior convictions);

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 are as follows: (a) alcohol concentration during blood transfusion at the time of the instant case; (b) circumstances after the commission of the crime; (c) the Defendant has no record of criminal punishment since 2012; and (d) the Defendant’s age, etc. shall be determined as

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