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(영문) 제주지방법원 2021.01.28 2020고단2823
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court on August 5, 2009, was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), and on June 20, 201, the Seoul Eastern District Court sentenced a fine of KRW 1 million for a violation of the Road Traffic Act (drinking driving).

The Defendant is a driver of a vehicle B Doz GLA200.

On October 25, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.053% in the section of approximately 2 km from the front line of “D food” to the front line of Jeju city, around October 19:18, the Defendant driven the above vehicle under the influence of alcohol 0.053% in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of any violation of traffic laws on roads, report on the circumstances of the driver of the vehicle taking the driving, report on the detection of the driver taking the driving, investigation report (report on the circumstances of the driver taking the driving the driving of the vehicle), and inquiry into the results of regulating

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Act is disadvantageous to the defendant, such as the driving of the crime in drinking condition, the nature of the crime, the degree of taking, and the fact that the defendant had the same criminal records three times.

However, the fact that the defendant's charges are seriously against the defendant, and the above previous convictions are relatively long past convictions, and the degree of his taking is very high is favorable.

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

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