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(영문) 제주지방법원 2020.04.02 2020고단344
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 December 4, 2014, at Jeju District Court issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on April 11, 2017, the Defendant issued a summary order of KRW 4 million for the same crime at the same court.

On January 18, 2020, at around 20:30, the Defendant driven a DEX car while under the influence of alcohol concentration of approximately 0.077% from the 20m section to the front road of the entrance of the above hotel located in C, from the 20m section before the entrance of the above hotel.

Accordingly, the Defendant violated the duty of prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of an accident resulting from drinking, an accident resulting from driving, an accident report on the status of a drinking driver, an accident report on the status of a drinking driver, an on-site photograph;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the driving in a drinking state, and the nature of the crime is not weak, the defendant has two criminal records for the same kind of crime, and the degree of the taking of the crime is relatively high.

However, there are more favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, the distance of driving is short, and the previous conviction is punished by a fine, and there is no other criminal conviction.

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

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