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(영문) 제주지방법원 2016.05.04 2016고단282
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 April 21, 2010, the Defendant issued a summary order of a fine of two million won to a crime of violating the Road Traffic Act at the Jeju District Court on April 21, 201, and on February 1, 201, the same court issued a summary order of a fine of one million and five hundred thousand won to a crime of violating the Road Traffic Act at least twice.

On February 13, 2016, the Defendant driven B vehicles under the influence of alcohol level of about 0.082% from the 1km section to the roads of the South Korean National Cemetery located in the Donam-dong at Jeju-do on February 13, 2016 to the roads of the South Korean National Cemetery located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The image of a person under consideration, in relation to his/her direction being devised as a water;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. A favorable condition for sentencing under Article 62-2 of the Criminal Act by taking into account the following circumstances as the reasons for sentencing: The fact that the court recognizes the offense and reflects the fact, and there is no past record of criminal punishment heavier than the fine: The fact that there is a record of criminal punishment on three occasions due to a violation of Road Traffic Act (fluence of punishment): The degree of alcohol concentration during blood, the defendant's age, sexual behavior, environment, etc.;

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