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(영문) 제주지방법원 2018.05.14 2017고단2343
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2007, the Defendant issued a summary order of KRW 700,000 to a fine for a crime of violating the Road Traffic Act at the Chuncheon District Court on December 5, 2007, and a summary order of KRW 1.5 million to a fine for the same crime at the same court on December 29, 2008.

On September 6, 2017, while under the influence of alcohol 0.147% during blood transfusions around 22:48, the Defendant driven a cargo vehicle of approximately 4 kilometer C high-class Ⅲ in the front of the fishery vehicle industry company located in Jeju-si, a week from the front of the tamptom cafeteria cafeteria, which is located in Japan-do. to the front of the fishery vehicle company company located in Jeju-si, a week from September 6, 201.

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol twice even though he has violated the prohibition of driving in the state of liquor.

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. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of drinking driving records);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the grounds of protecting and observing the order to attend the school and taking into account all the various conditions of sentencing specified in the argument of the instant case, and in particular, the following circumstances shall be taken into account: The favorable circumstances: The fact that the vehicle was disposed of, and the circumstances that the vehicle was disposed of: The fact that recidivism and blood alcohol concentration are high even if the person was punished three times by

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