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(영문) 제주지방법원 2017.11.29 2017고단2032
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On August 31, 2010, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 2,50,000 as a fine in the same court on October 15, 2013.

[2] On July 31, 2017, at around 21:00, the Defendant driven a C-Wood vehicle with alcohol content 0.169% under the influence of alcohol level 0.169% at a distance of about 200 meters from a 200-meter radius to a bridge inside a cafeteria located in the outer Do-dong of Jeju Island.

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, investigation report (Attachment to judgments of the same kind as the suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 in blood at the time of the instant case; (b) recidivism committed by the Defendant despite having been punished for the same kind of crime as indicated in its reasoning; (c) the Defendant has no record of criminal punishment heavier than fines; and (d) other circumstances constituting the conditions for sentencing, such as the Defendant’s age, environment, and circumstances after the commission

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