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(영문) 제주지방법원 2017.09.27 2017고단1191
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 1, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 2.5 million for the same crime in the same court on April 10, 2014, and a summary order of KRW 5 million for the same crime in the same court on July 16, 2014, respectively.

[2] On April 26, 2017, the Defendant driven B rocketing car under the influence of alcohol content of about 0.093% at a section of approximately 2 km from the front of the South Kwon Center, which is located in the south of the Namwon-si, Seopo-si, Seopo-si, Seopo-si, Seoul, to the front of the Southernwon High School located in the same Ri from the Do.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act, as a person who violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of suspect drinking skills);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity ( Taking into account the following: (i) the fact that the person is against himself/herself, the fact that he/she has no criminal record subject to punishment exceeding a fine, and the fact that he/she does not cause any physical damage);

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

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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