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(영문) 제주지방법원 2020.06.04 2020고단773

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

The Defendant, at the Jeju District Court on October 2, 2015, has the record of being sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a person who received a summary order of KRW 2 million for the same crime in the same court on August 14, 2017.

On March 7, 2020, at around 06:25, the Defendant driven a DNA-owned DNA-owned vehicle with approximately 0.115% alcohol level from the parking lot in the Jeju-si building to the Jeju-si road.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Declarations, records on the handling of the 112 Declarations, records on the state of driver's standing, investigation reports, records on the control of drinking driving, reports on the state of drinking driving, reports on the status of drinking driving, investigation reports (reported's statements, on-site driving status, DNA specific details, etc.), relevant photographs, investigation reports (Attachment toCCTV video storage CDs);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report accompanied by a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. On the ground of sentencing under Article 62-2 of the Criminal Act, the crime of this case is disadvantageous to the following: (a) driving in the drinking condition; (b) the criminal records of the defendant are two times the same criminal records; and (c) the degree of the taking of the criminal records of the defendant is not easy.

However, there are favorable circumstances, such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, that the previous conviction was punished by a fine, and that there are some other circumstances to consider the circumstances of the instant case.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.