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(영문) 제주지방법원 2020.01.23 2019고단2365

도로교통법위반(음주운전)

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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 February 19, 2013, the Defendant received a summary order of KRW 5 million as a crime of violation of 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 12:59 on Nov. 1, 2019, the Defendant driven a F-wing and freight vehicle under the influence of alcohol at approximately 3 km from the entrance of C in Jeju City, to the E-Mate in Jeju City D, with a blood alcohol concentration of about 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the status of drinking driving, report on the status of drinking drivers, and investigation report (report on the status of drinking drivers);

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 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 and the nature of the crime is not weak, the main content is very heavy, and the same criminal record is two times.

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

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.