beta
(영문) 제주지방법원 2019.11.29 2018고단2010

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal record] On June 15, 2010, the Defendant issued, at the Jeju District Court, a summary order of KRW 2 million for a fine of KRW 6 million for a violation of the Road Traffic Act, a summary order of KRW 3 million for the same crime in the same court on March 6, 2013, and on January 9, 2014, the same court issued a summary order of KRW 7 million for a fine of KRW 7 million for a violation of the Road Traffic Act (driving without a license).

[Criminal Facts] On March 23, 2018, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at around 0.112% of alcohol level on March 23, 2018, while driving a funst-traffic vehicle at approximately 300 meters in front of the front road of the Jeju City.

Summary of Evidence

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the situation of a driver taken-off in the police preparation, investigation report, and statement of the results of the crackdown on drunk driving; and

1. Previous conviction: Application of the Acts and subordinate statutes that describe a statement of inquiry into police preparation;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation 【The scope of a sentence to be sentenced under the law】 6 months to 1 year and 6 months (a case of discretionary mitigation) of imprisonment / 6 months to 6 months (a case of discretionary mitigation) of the sentence / 6 months to 3 months disadvantageously: In addition to the defendant’s first head’s criminal record as seen in the judgment, 100,000 won of fine as a violation of the Road Traffic Act from the Jeju District Court on May 6, 1986; 50,000 won of fine as a summary order from the same court on October 15, 1993 to the same crime; and from the same court on March 7, 2003 to the same court on the same day.