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(영문) 제주지방법원 2017.11.10 2017고단2406
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 August 1, 2008, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Jeju District Court on August 1, 2008, and on February 6, 2009, a summary order of a fine of two million won for the same crime at the same court on February 6, 2009, respectively, and has the record of violating Article 44(1) of the Road Traffic Act not less than twice.

On August 27, 2017, around 04:19, the Defendant driven a passenger car with three highest alcohol concentration of about 5km from the 5km section of alcohol to the front road of Gwangju City, which is located in the Rouri-dong from the male 1st of Jeju City to the 1st of Jeju City.

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. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (Attachment to a summary order), and application of summary order 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. 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. There is a high possibility of criticism in light of the fact that an order to attend a lecture was punished twice or drinking again, such as the previous conviction in the judgment on the grounds of sentencing Article 62-2 of the Criminal Act, and the driving of drinking again.

In addition, the punishment as ordered shall be determined in consideration of various sentencing conditions shown in the pleadings of this case, such as the numerical value of alcohol concentration in blood, the time and contents of punishment for immediately preceding drinking driving, the age, sex, environment, circumstances of the defendant's sex, circumstances after the crime, and the circumstances after the crime.

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