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(영문) 제주지방법원 2017.04.27 2016고단2894
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 April 29, 2011, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic law in support of Sungnam-gu Office of Friwon on April 29, 201, and on October 24, 2013, the Defendant was sentenced to a suspended sentence of two years for the same crime at Jeju District Court.

On November 25, 2016, the Defendant driven C S500 cars at a section of about 100 meters from the front of a new hotel with the alcohol content of 0.168% which is under influence of alcohol in Jeju, to the road front of a hotel with the same roof, from the day before the new hotel with the alcohol content of 0.168%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and observe, and take into account all the various sentencing conditions specified in the argument of the instant case with the reason for sentencing under Article 62-2 of the Criminal Act, and in particular, considering the following circumstances: A person who commits a crime even if he/she was punished several times for the same kind of crime;

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