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(영문) 제주지방법원 2018.08.08 2017고단3168
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 December 9, 2009, the Defendant received a summary order of KRW 1,50,000 from the Seoul Northern District Court to a fine of KRW 1,50,000 as a crime of violation of road traffic law, and on January 25, 2013, a summary order of KRW 5,00,000 as a fine for the same crime was issued from the original state branch of the Chuncheon District Court.

[2] On November 19, 2017, the Defendant driven BM6 car under the influence of alcohol by 0.237% from a section of approximately 2km to the road near the river of the social welfare foundation located in the Asia-do, Jeju, from the trade name in the Aradong on November 19, 2017 to the road near the river of the social welfare foundation located in the Jeju-si.

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 inquiry statements, such as criminal history, and summary order statutes;

1. Relevant legal provisions and the choice of punishment concerning the facts constituting a crime: The provision of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act, the selection of imprisonment;

1. Reduction of amount: Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to recognize and reflect a crime);

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

1. Orders to provide community service or attend lectures: The grounds for sentencing under Article 62-2 of the Criminal Act shall be determined by taking into consideration all the circumstances, such as the degree of alcohol content during blood transfusion at the time of the instant case, the circumstances in which the crime was discovered, the circumstances after the commission of the crime, and the age of the accused

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