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(영문) 제주지방법원 2015.01.07 2014고단1619
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 13, 2007, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court on March 13, 2007, and on September 8, 201, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the Jungyang Branch Branch of the Jung-gu District Court on September 8, 201.

On January 21, 2014, at around 21:20, the Defendant, while under the influence of alcohol of 0.068% of blood alcohol concentration, started from the vicinity of Echeon-si, Echeon-si, Gyeonggi-do, and driven a B-top vehicle at the 1km section from around 1km to the front side of B-top vehicle in the same shock.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the fact that the accused has been punished three times due to drunk driving, and the degree of alcohol content, driving circumstances, etc. of the instant blood transfusion.

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