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(영문) 제주지방법원 2017.12.19 2017고단2756
도로교통법위반(음주운전)
Text

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

On January 27, 2015, the Defendant received a summary order of KRW 5 million from the Jeju District Court to a fine of KRW 5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million from the same court on December 18, 2015 to a fine of KRW 1 million for a crime of violating the Road Traffic Act.

On September 24, 2017, the Defendant driven B CU e-mail 110cc calbane at a section of about 150 meters, while under the influence of alcohol content of about 0.105% from the 150-meter section to the front of the Switzerland oil station located in Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si, 551.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the text of the judgment, etc.), text of the judgment, and 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. In addition to the previous and second entries in the reasoning of sentencing of Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following factors: (a) the degree of alcohol concentration in the blood of this case was punished as the crime of drinking in 2007, the crime of refusing to measure drinking in 2009, the crime of drinking in 2009 and the crime of driving without a license; (b) the details and period of punishment of the crime of drinking in the blood of this case, the Defendant’s age, sexual behavior, environment, circumstances, circumstances after the crime, etc.

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