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(영문) 제주지방법원 2020.11.04 2020고단1919
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 10, 2019, the Defendant was issued a summary order of KRW 4 million by the Jeju District Court for a crime of violation of the Road Traffic Act.

On July 9, 2020, at around 06:09, the Defendant driven a DNA car while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.115% in the section of approximately 800 meters from the front day of Jeju to the front day of the same city.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. To apply Acts and subordinate statutes to reporting criminal records, etc., such as written reports on the state of his/her oral statement, and investigation reports (verification of criminal records of a suspect);

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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the offender committed a second offense during the short period of sentencing under Article 62-2 of the Social Service Order Act; (b) the Defendant did not have any other criminal record, other than the Defendant’s previous offense; (c) the occurrence of an accident; and (d) the Defendant’s age, character and conduct, family relationship, environment, circumstances after the crime was committed; and (d)

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