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(영문) 제주지방법원 2018.10.26 2018고단756
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 April 12, 2007, the Defendant received a summary order of KRW 2.5 million from the Seoul Western District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the Suwon District Court on May 16, 2012 to a fine of KRW 1,50,000 as an identical crime.

[2] On February 27, 2018, the Defendant driven a BN city car under the influence of alcohol content of approximately 0.116% from the 200-meter section to the front day of the main body of Y25, GS25, which was 210 Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-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: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

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

1. The punishment is determined as ordered by taking into account the following circumstances: (a) the Defendant’s reasoning of sentencing under Article 62-2 of the Criminal Act, including the previous conviction, and the record of multiple times of punishment for the same kind of crime; (b) the degree of alcohol content during blood at the time of the instant case; (c) the circumstances after the instant crime; and (d) the Defendant’s age.

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