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(영문) 제주지방법원 2018.07.04 2017고단2890
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

[criminal history] On October 14, 201, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Seoul Southern District Court, and a summary order of KRW 2 million for the same crime at the Daejeon District Court on July 15, 2013.

[2] On October 18, 2017, the Defendant driven C QM3 automobiles while under the influence of alcohol content of about 0.159% from the 1km section to the 1km road in Jeju Island, which is located in the 45-ro north-ro in Jeju Island, around October 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, etc., 3751, 201, 3751, Daejeon District Court Decision 2013, 856, 2013, 856, ;

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 (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, and the concentration of alcohol during blood at the time of the instant case, circumstances after committing the instant crime, Defendant’s age, family relationship, etc., shall be determined as the same as the order;

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