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(영문) 제주지방법원 2019.05.17 2018고단1474

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 June 22, 2018, the Defendant, while under the influence of alcohol at 0.291% of alcohol content, driven a D low-speed car from approximately 5km to the front road of the B-lane in the C-C, a residence of the Defendant located in Seopo-si B, Seopo-si, and in the same city, under the influence of alcohol at around 0.291%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, notification of the results of the regulation of drinking driving, and application of Acts and subordinate statutes to investigation report (the results of appraisal of blood alcohol concentration);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 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. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognize and reflects the defendant's mistake, the fact that the defendant has a criminal record of the same kind of fine, the fact that the criminal record of the defendant is very serious, and the defendant's age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined by taking into account all the kinds of sentencing conditions shown in the records