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(영문) 제주지방법원 2017.07.12 2017고단631
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On June 24, 2014, the Defendant received a summary order of KRW 1 million from the Jeju District Court to a fine for a violation of the Road Traffic Act (drinking driving), and on June 9, 2015, the above court received a summary order of KRW 2 million from a fine for a violation of the Road Traffic Act (drinking driving).

[2] On March 3, 2017, the Defendant driven CK3 automobiles under the influence of alcohol at approximately 0.141% from the section of about 10 meters from the 10-meter away from the front of the Saemaul Treasury's head office to the front of the Jeju City in March 3, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (the same type of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 2, 201

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds that the order of protection, observation and lecture attendance is higher than that of Article 62-2 of the Criminal Act (the high possibility of re-offending in light of the criminal records of the defendant'

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