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(영문) 제주지방법원 2013.04.12 2013고단248
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

At around 08:20 on December 26, 2012, the Defendant driven BM3 motor vehicles at the section of approximately 2 km from the road near the bank in Western-si, Seopopopopo-si, in the same city of Seopopopo-si to the “Scarri Oil station” located in the same city of Seopo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order to attend a lecture: The sentence is determined as ordered by considering all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc.: The favorable circumstances: the time of committing a crime; the fact that the blood alcohol level is not high: The fact that the blood alcohol level is not high due to drinking traffic accidents: the summary order (criminal facts: the central line is invaded by the blood alcohol concentration of 0.252% and the driver of the opposite vehicle is not injured by three weeks) and the like criminal records are imposed two times, and the circumstances at the time of committing the crime of this case (not included but the occurrence of traffic accidents) and other circumstances at the time of the crime of this case are determined as above on the grounds that the defendant's order was higher than the disposition of this case.

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