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(영문) 제주지방법원 2019.01.07 2018고단1008

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who, at the Jeju District Court on September 28, 2007, issued a summary order of a fine of two million won for a violation of the Road Traffic Act, and on August 22, 2014, at the same court, sentenced two years of suspended execution to imprisonment with labor for the same crime, etc. and violated the provisions on the prohibition of drunk driving at least twice.

On April 10, 2018, at around 00:09, the Defendant driven a F Sti-type car in the state of alcohol alcohol concentration of about 0.242% in a section of about 300 meters from the C’s place of origin in Jeju to the E’s front in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of the crackdown on drinking driving;

1. Inquiry reports, such as criminal records, and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of a sentence, and the choice of imprisonment [In this case, the liability for the crime that causes an accident involving a parked vehicle while driving under the influence of alcohol is grave, recidivism was made even if the person was sentenced to a suspended sentence of imprisonment due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and consideration of the blood alcohol concentration, etc. of this case];

1. Article 62 (1) of the Criminal Act (Taking into account the reflection of the fact and the fact that one is covered by a comprehensive insurance);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;