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(영문) 제주지방법원 2020.07.22 2020고단743

도로교통법위반(음주운전)등

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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 January 14, 2020, the Defendant was prosecuted for a summary charge of a fine of KRW 1.5 million due to a violation of the Road Traffic Act ( sound driving) in the Suwon District Court of Suwon District on January 14, 2020.

The defendant is a driver of Bchip car.

around 06:00 on March 7, 2020, the Defendant driven the said vehicle under the influence of alcohol content of about 0.162% from the section of approximately 100 meters from the 100-meter radius to the front road of Jeju city without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not before the disposition, and results of confirmation;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the recidivism was committed within the short period of sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the blood alcohol concentration was high; (c) the occurrence of an accident; and (d) the Defendant has no record of being punished exceeding the fine for the same kind of crime; (c) the Defendant’s age, character and conduct, family relationship, environment, details and result of the crime; and (d) the circumstances shown in the arguments of the