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(영문) 제주지방법원 2020.03.27 2019고단2258
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

[Criminal Justice] On August 1, 2008, the Defendant issued a summary order of a fine of two million won at the Jeju District Court for a violation of the Road Traffic Act (driving) on three occasions.

【Criminal Facts】

On October 24, 2019, around 23:17, the Defendant driven a F Ecoo vehicle in the state of alcohol alcohol concentration of about 0.131% from the 1km section from the front of a restaurant in the Jeju-si B to the front road in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report (report on the state of the drinking driver), the report on the state of the drinking driver, the report on the state of the drinking driver, and the inquiry into the results of the crackdown on the drinking

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order, etc. of a suspect's drinking 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 recognize and reflects the defendant's mistake, the defendant's previous convictions are three times the criminal records of the same kind of fine, the degree of the taking, and the defendant's age, character and behavior, environment, means and result of the crime, and the circumstances after the crime, etc. shall be comprehensively considered and determined as the order of the punishment as shown in the records and arguments of this case.

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