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(영문) 제주지방법원 2020.08.13 2020고단1407

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 July 20, 2007, the Defendant issued a summary order of KRW 7 million at the Seoul Eastern District Court as a crime of violation of the Road Traffic Act, and KRW 3 million as a fine at the Jeju District Court on November 18, 2015.

On May 2, 2020, the Defendant, who was punished for driving under the influence of alcohol, driven CMW 520i car in the state of alcohol alcohol concentration of approximately 0.164% from the 1km section of approximately 1km to the roads near Jeju City, Jeju-si, Jeju-si, and Jeju-si, at around 19:59.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, investigation report (report on the actual state of a drinking driver), report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, relevant photographs, and the list of cases reported in 112;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of the same criminal records and summary order);

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. 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 and the nature of the crime is not somewhat weak, the defendant has two criminal records for the same kind of crime, and the degree of the taking of the crime is heavy.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the distance of driving is very long.

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