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(영문) 제주지방법원 2016.06.08 2016고단602
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 March 12, 2008, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Jeju District Court on March 12, 2008, and on January 21, 2016, the Defendant issued a summary order of KRW 3 million for the same crime at the same court.

On March 24, 2016, the Defendant, while under the influence of alcohol 0.230% during blood transfusions, driven a vehicle with at least 100 meters B rocketing car to the front road of the new officetel located in the same Dong from the Do near the New Airport in Jeju Interlock.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report on investigation (attached to a summary order for the same type of crime);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 (Unlicensed Driving) of the Road Traffic Act;

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.: The same criminal records and three times (see, e.g., Supreme Court Decision 150,000 won, 20,000 won, 3 times, and 3 times, of violation of the Road Traffic Act); and

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