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(영문) 제주지방법원 2020.06.10 2020고단264

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant had a fine of KRW 700,00 for a violation of the Road Traffic Act at the Jeju District Court on November 10, 201, and a fine of KRW 4 million for a violation of the Road Traffic Act at the same court on December 24, 2018.

The Defendant is the driver of the B Sti-type vehicle. The Defendant is the driver of the B Sti-type vehicle.

On December 27, 2019, the Defendant driven the said vehicle under the influence of alcohol content of about 0.053% at the section of about 70 meters from the vicinity of the hotel C in Jeju to the front road of the “E” located in D at Jeju.

around 02:29 on January 25, 2020, the Defendant driven a B SP car at the section of about 500 meters from the 0.138% alcohol concentration around Jeju city to the HP distance located in Jeju city, while under the influence of alcohol around 02:29.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

"200 Highest 264"

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the status of a drinking driver, inquiry into the results of the control of drinking driving, and related photographs "20,09";

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), a drinking driver, a written report on the actions of a drinking driver, an inquiry into the results of the crackdown on drinking driving, and related photographs;

1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (a copy of the same summary order attached) Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture or an order to attend a community service order has committed two times a crime of drinking-driving in one month and two times a fine for the same kind of punishment for the reason of sentencing under Article 62-2 of the Criminal Act, even though having been previous and two times a month, and the nature of such crime is poor: Provided, That the defendant's mistake is divided in depth and does not repeat again.