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(영문) 제주지방법원 2016.12.08 2016고단2100
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

At around 18:50 on September 17, 2016, the Defendant driven C 2 truck in the section of about 14 kilometers from the Do in front of 2530-1 to the front road of the East-dong Non-Road Intersection 14 kilometers from the Do in Western-si, Seopo-si under the influence of alcohol content 0.207 percent of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to report the state of driving under the influence of alcohol and to notify the results of drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished three times for the crime of drunk driving prior to the crime of this case, and the defendant was sentenced to a fine on January 3, 2008 for the crime of drinking driving and driving without a license on January 3, 2008, and the crime of this case was committed in spite of the fact that he was sentenced to a suspended sentence of 2 years for six months of imprisonment, and that the defendant's blood alcohol concentration at the time of the crime of this case is very high, it is necessary to strictly

However, in light of the fact that the defendant led to the crime of this case, the cargo vehicle after the crime of this case seems to have been sold to the automobile dealer, the criminal records prior to the suspended sentence of the above imprisonment were about eight years, the sentencing precedents in similar cases, the defendant's age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case shall be determined as ordered.

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