(영문) 제주지방법원 2020.11.20 2020고단2056

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(영문) 제주지방법원 2020.11.20 2020고단2056

도로교통법위반(음주운전)

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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 Power] On March 9, 2015, the Defendant was notified of a summary order of a fine of KRW 3 million by the Jeju District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On July 12, 2020, the Defendant driven a e-mail car at approximately 300 meters away from the roads near the “C convenience store” located in Jeju-si B to the roads near Jeju-si D, while under the influence of alcohol 0.127% with a blood alcohol concentration.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

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. A previous conviction: An inquiry letter, attachment of a summary order of the same kind of power, and application of Acts and subordinate statutes of a summary order;

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 two times the criminal records of the same kind of fine, the degree of the taking, the defendant's age, character and behavior, environment, means and result of the crime, and all the other sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined as the sentence

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