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(영문) 제주지방법원 2020.03.12 2020고단25

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 8, 2008, the Defendant received a summary order of KRW 1,50,000 from Jeju District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 1,50,000 as a fine in the same court on April 28, 201.

Although the Defendant was a person who violated Article 44(1) of the Road Traffic Act, around November 20, 2019, at around 21:55, the Defendant driven a motor vehicle with blood alcohol concentration of approximately 0.167% (blood collection) from the section of about 100 meters from the front of the Defendant’s residence in Jeju-si B to the front of the D in Jeju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the harmful driving under the influence of alcohol, each driving report, each driving under the influence of alcohol, the report on the state of the driver under the influence of alcohol, the investigation report (the report on the state of the driver under the influence of alcohol, the report on the state of the driver under

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the driving in a drinking state, the crime of this case is not less vulnerable to the nature of the crime, three criminal records of the defendant in the same kind, and the degree of the taking of such records is high.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the distance of driving is short.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.