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(영문) 제주지방법원 2021.01.14 2020고단2490
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

On October 17, 2017, the Defendant was notified of a summary order of KRW 1.5 million by the Jeju District Court due to a crime of violating the Road Traffic Act.

On August 20, 2020, the Defendant driven a sports cargo vehicle at D New Coin in the state of alcohol 0.174%, while under the influence of alcohol, from around 03:35 around Jeju to the roads in front of Jeju, around 300 meters.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Informing about the occurrence of a traffic accident, reporting on the scene of the accident, reporting on the statement of the situation of the driver in charge, reporting on an investigation (report on the circumstances of the driver in charge of driving), and reporting on the results of crackdown that

1. Previous convictions: References to inquiries, investigation reports (Attachment of the previous summary order concerned), application of the summary order 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 twice.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the recent previous criminal records are only one time among the previous criminal records.

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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