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(영문) 제주지방법원 2020.04.24 2019고단2513
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2007, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act (driving) at the Jeju District Court on July 27, 2007; on November 26, 2008, the same court issued a summary order of one million won by a fine for the same crime; on July 8, 2009, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for the same crime.

Notwithstanding the fact that the Defendant was a person who violated Article 44(1) of the Road Traffic Act, the Defendant driven a fystren vehicle under the influence of alcohol at approximately 700 meters from the 700-meter section to the Ethy road located in Jeju Island, from November 26, 2019 to the 2nd day of Jeju Island, while driving a fystren vehicle under the influence of alcohol with a blood alcohol content of 0.094%.

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. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

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. Article 62 (1) of the Criminal Act;

1. As stated in the above criminal facts for sentencing of Article 62-2 of the Criminal Act, the defendant has been punished several times for drunk driving and has a record of being punished for suspended sentence of imprisonment.

On the other hand, the defendant's mistake is recognized, and the above previous convictions are against all ten years, and both the above previous convictions and the previous convictions in this case are less than 0.1%, and the defendant's age, character and conduct, environment, means and result of the crime, the circumstances after the crime, etc. shall be determined by taking into account all the factors of sentencing specified in the records and arguments of this case, such as the records and arguments of this case.

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