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(영문) 제주지방법원 2020.03.12 2019고단2212
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 14, 2006, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act at the Jeju District Court, and on December 14, 2009, at the same court on December 14, 2009, a fine of two million won for the same crime, etc., and on May 20, 201, at the same court on May 20, 201, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime at the same court on November 30, 2016, and completed the execution of the sentence on July 11, 201.

On June 24, 2019, around 00:37, the Defendant driven the E-5 car under the influence of alcohol concentration of about 0.192% in the D 1km section from Jeju to the front road.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), reports on the state of drinking drivers, investigation reports, reports on the state of drinking drivers (report on the state of drinking drivers), reports on the state of drinking drivers, and inquiries into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the last day of the punishment), and application of Acts and subordinate statutes (Attachment to previous records and written judgments, etc.);

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. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the crime of this case is driven in the state of drinking, and the nature of the crime is not less than that of the crime, the state of taking is very heavy, and the defendant is punished by imprisonment with prison labor for six months, by a Jeju District Court for a violation of the Road Traffic Act (Refusal of measurement) on February 16, 2001, on May 31, 2005, and a fine of two million won for a violation of the Road Traffic Act (driving) on June 14, 2006; imprisonment with prison labor for eight months, by the same crime on December 14, 2009; imprisonment with prison labor for a violation of the Road Traffic Act (driving) on May 20, 201, and imprisonment with prison labor for six months on May 30, 201, and for a violation of the Road Traffic Act (driving on May 14, 2011.

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