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(영문) 제주지방법원 2016.08.18 2016고단1043
도로교통법위반(음주운전)
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 May 15, 2016, under the influence of alcohol level of 0.309% among the blood transfusions around 20:15, the Defendant driven a Cystun car at approximately 10 meters away from the “marine daily food parking lot in Jeju Island to the point of the Domination of the Agricultural Cooperative in the same Dong from the “Maritime Day” parking lot to the point of the Domination of the Agricultural Cooperative.

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 drinking driving;

1. The application of Acts and subordinate statutes to report the occurrence of traffic accidents, actual investigation reports and investigation reports;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant committed the instant crime by driving a motor vehicle under the influence of alcohol level 0.309% while under the influence of alcohol level 0.309% during blood. The status corresponding to the blood alcohol concentration in the above blood level may cause traffic safety and serious threat to the life or body of a third party in an express condition. In fact, the Defendant actually caused drilling of the motor vehicle while driving the said motor vehicle, and the Defendant committed the instant crime even though he was punished by a fine for driving under the influence of alcohol level in the past, in light of the fact that the Defendant committed the instant crime.

However, the defendant confessions the crime of this case and repents his mistake, the distance of the defendant's driving is short, there is no record of criminal punishment exceeding the past fine, and there is no economic difficulty. In similar cases, the two sentences of the defendant, his age, sex, environment, circumstances after the crime, and various other sentencing conditions shown in the records and arguments of this case are all satisfied.

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