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(영문) 제주지방법원 2020.02.05 2019고단2315
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 November 19, 2010, the Defendant received a summary order of KRW 2 million from the Gwangju District Court to a fine for a violation of the Road Traffic Act, and on October 18, 2012, under the same crime, a fine of KRW 4 million from the same court.

On October 29, 2019, the Defendant, while under the influence of alcohol with 0.143% of blood alcohol concentration on October 18:40, 2019, was in violation of the provision on prohibition of drinking driving at least two occasions by driving Crasl vehicle at approximately 10km at the underground parking lots of the same city via the intersection of the Seopopo-dong, Seopo-si, Seopo-si from the Law Exchange-dong to the Jungpo-dong, Seopo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (former and fact-finding reports);

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 reason for sentencing under Article 62-2 of the Social Service Order Act is a relatively long criminal conviction, and there is no record of punishment exceeding fines for the same kind of crime, the occurrence of an accident, the reflection of the defendant's age, character and conduct, family relation, environment, circumstances and results of the crime, and other circumstances shown in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by a comprehensive consideration.

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