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(영문) 제주지방법원 2015.09.04 2015고단868
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Power】 On April 29, 2010, the Defendant was sentenced to four months of imprisonment for a violation of the Road Traffic Act at the Jeju District Court, and was sentenced to five months of imprisonment for a violation of the Road Traffic Act at the same court on May 4, 2011. On September 27, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act by the same court on September 27, 2012, and was sentenced to six months of imprisonment for a violation of the Road Traffic Act at the same court on March 26, 2013.

【Criminal Facts of Crimes】 On April 24, 2015, the Defendant driven C cargo vehicles under the influence of alcohol with approximately 0.233% of alcohol level 0.23% from the 3km section to the front road of the “Donggsan Central Intersection” located in the table line of the Seogpo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of inquiries, such as criminal records, and criminal investigation reports (report accompanied by a written judgment) Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Discretionary mitigation: The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act lies in the number of occasions in which the accused has been punished for a violation of the Road Traffic Act, and the accused has committed a violation of the Road Traffic Act (e.g., refusal of measurement) once the sentence is imposed, and the sentence is imposed three times the sentence is imposed for a violation of the Road Traffic Act (e.g., violation of the Road Traffic Act).

Nevertheless, there is a need for strict punishment for the defendant, such as that the criminal act was committed in the same kind during the period of repeated crime, and the blood alcohol concentration exceeds 0.2%, and the distance of the vehicle is also high, and the distance of the vehicle is reached a considerable distance, and the accident that shocks the previous vehicle at the time has been prevented.

Accordingly, the above defendant.

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