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(영문) 제주지방법원 2020.03.18 2019고단2473

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 24, 2011, the Defendant received a summary order of KRW 1.5 million from the Jeju District Court to a fine for a violation of the Road Traffic Act.

3. 10. A final and conclusive date.

On November 08, 2019, the Defendant, while under the influence of alcohol with 0.142% of blood alcohol content at around 22:23, the Defendant violated the provision on the prohibition of drinking driving by driving approximately 100 meters from DNA heading before and before the F in E at the time of making a proposal for a vehicle B, and driving approximately 100 meters in front of the F in E at least twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The sentence shall be determined as per the Disposition, comprehensively taking into account the following circumstances: (a) the high blood alcohol concentration of the reasons for sentencing under Article 62(1) of the Criminal Act; (b) the failure to pay an accident on the other hand; (c) the reflection thereof; and (d) the absence of any other criminal record other than the criminal record of a fine for the same kind of summary order; and (d) the Defendant’s age, character and conduct, family relation, environment, circumstances surrounding the crime and result