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(영문) 제주지방법원 2016.11.07 2016고단1786
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

On September 4, 2006, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court on December 19, 2008, a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million for a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Jungyang Branch Branch of the Jung-gu District Court on September 2, 201.

On August 20, 2016, around 21:34, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately KRW 300 meters alcohol concentration of 0.054% from the Do in Jeju Island 21 (Nom-dong 21) to the front road in front of Jeju Island 7577 (Dodo-dong 757).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous conviction: Application of Acts and subordinate statutes, such as criminal records and copies of a summary order of the same criminal records;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: It shall be judged as ordered for the reason under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

The circumstances favorable to the reasons for sentencing: The blood alcohol concentration is relatively low.

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