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(영문) 제주지방법원 2019.02.14 2018고단1345

도로교통법위반(음주운전)

Text

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 6, 2009, the defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Jeju District Court on February 6, 2009, and a fine of 3 million won for the crime of violation of the Road Traffic Act at the Jeju District Court on July 24, 2017.

On June 6, 2018, at around 00:10, the Defendant driven a vehicle from the entrance of B apartment at Jeju to B apartment C, with approximately 50 meters alcohol concentration of about 0.069% under the influence of alcohol at around 50 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be taken into account all the conditions of sentencing specified in the instant pleadings, and the following circumstances shall be taken into account in particular: The factors that reflects the favorable circumstances, the blood alcohol content is not high, and the circumstances that have no record of being punished in excess of the fine are disadvantageous: The fact that a re-offending has been punished twice due to drinking driving, and the situation that a collisions with other vehicles where the stopping has occurred;