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(영문) 제주지방법원 2017.10.25 2017고단1518
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

[criminal history] The Defendant was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on January 16, 2009, and a fine of KRW 3.5 million for a crime of violating the Road Traffic Act at the Seoul Western District Court on March 27, 2013.

[Criminal facts] On May 26, 2017, the Defendant driven B’s car fluorb under the influence of alcohol content of approximately 0.096% at a distance of about 2km from the front of the “scam for scam for scam,” which is located in the Seopo-si, Seopo-si, Seopo-si to the front of the bus stop at the same time, at the same time, from May 26, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the same Act (see, e.g., Supreme Court Decision 2006Da12488, Apr.

1. Article 62 (1) of the Criminal Act (recognisive consideration of the grounds for reduction of the amount of punishment);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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