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(영문) 제주지방법원 2018.07.16 2017고단3162
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

On November 8, 2017, around 13:04, at the D parking lot in Jeju-si, the Defendant driven a motor vehicle with low alcohol content of 0.245% in a section of approximately 200 meters from the D parking lot in Jeju-si to the said D parking lot after going through the dwelling of the Defendant in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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 include all the various conditions of sentencing specified in the argument in the instant case, with regard to the reason for sentencing: The following circumstances should be considered: (a) reflects the favorable circumstances; (b) there exists no record of being punished for driving under drinking during the last seven years; (c) in particular, one parent is raising a married child under seven years of age due to her parents: (d) the number of times the defendant was punished for drinking, driving without a license after 2000; (c) the number of times the defendant was punished for drinking, driving without a license after 200; (d) the execution of imprisonment is postponed on three occasions; and (e) the alcohol concentration in the instant blood is considerably high.

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