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(영문) 제주지방법원 2019.11.29 2019고단1660

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 November 23, 2018, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act from the Jeju District Court.

Although the Defendant was a person who violated Article 44(1) of the Road Traffic Act, at around 20:55 on August 9, 2019, the Defendant driven a Flearning car while under the influence of alcohol of about 0.138% in the section of approximately 2km alcohol content from the 3rd day of Jeju to the front day of E in Jeju Island.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), inquiry into the results of the crackdown on drinking driving, and related photographs;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and 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;

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing