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(영문) 제주지방법원 2018.06.22 2017고단2449

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 1, 2013, the Defendant was sentenced to a fine of three million won for a crime of violating road traffic law (drinking driving) at the Seoul Eastern District Court on February 1, 2013. On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution.

[2] On July 6, 2017, at around 03:00, the Defendant driven a FK 3 car under the influence of alcohol level of about 0.143% from the 500-meter section of blood alcohol level to the inside of the building and the front of the building in Jeju, from the entrance road near C in Jeju, around July 6, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. A report on the occurrence of a traffic accident, photographs of the scene and the accident vehicle, and a survey report on actual condition;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, copy of the judgment;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act regarding criminal facts, the Defendant had been subject to punishment twice due to drinking after around 2013, even though he had been subject to punishment twice due to driving under the influence of alcohol, while driving under the influence of alcohol during the period of probation.

Not only the Defendant was aware of the driving of the instant drinking by causing traffic accidents, but also the blood alcohol concentration at the time of committing the crime.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be considered together, and the sentence shall be determined as ordered.