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(영문) 제주지방법원 2020.06.17 2020고단342
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 March 4, 2010, the Defendant received a summary order of KRW 1.5 million from Jeju District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million from Jeju District Court to a crime of violation of the Road Traffic Act on May 31, 201, respectively.

around 17:04 on February 2, 2020, the Defendant driven D Co., Ltd. at approximately 600 meters from Jeju-si roads to Jeju-si roads, while under the influence of alcohol concentration of about 0.133% from Jeju-si roads.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, report on the status of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of power);

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 grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing

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