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(영문) 제주지방법원 2018.04.06 2018고단231
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 15, 2015, the Defendant received a summary order of KRW 5 million for a crime of violating road traffic laws (drinking driving) at the Jeju District Court. On June 19, 2015, the Defendant was sentenced to imprisonment for six months in the same court due to a crime of violating road traffic laws (drinking driving), and was released on May 13, 2016 and passed on June 23, 2016 during the execution of the sentence.

[2] On October 29, 2017, the Defendant driven a car with Cpote in the state of under the influence of alcohol content of about 0.194% from the 1km section from the apartment parking lot to the front road of the Sidododododo-ro 95 in Jeju, Jeju, while under the influence of alcohol content of about 1km from around 20:31 on October 29, 2017

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. Before judgment: Application of a written reply to inquiry, such as criminal history, and written reply to inquiry, Jeju District Court Decision 8578, Jeju District Court Decision 2015, Jeju District Court Decision 2015, Jeju District Court Decision 2015, Jeju District Court Decision 2015No 360, and individual confinement statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the blood alcohol concentration is very high at the time of the instant case, and even if the Defendant was punished four times including imprisonment for the same kind of crime including the previous conviction in the judgment, the crime is heavier than that of recidivism.

However, the defendant does not commit a second offense against the defendant.

The sentence shall be determined as per the order, taking into account all the circumstances that form the conditions for sentencing, such as the defendant's age, environment, and circumstances after the crime.

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