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(영문) 제주지방법원 2019.11.21 2019고단1992
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 June 10, 2015, the defendant issued a summary order of KRW 1 million by the Jeju District Court for a violation of the Road Traffic Act, and violated Article 44 (1) of the Road Traffic Act once.

On September 25, 2019, at around 20:45, the Defendant driven a motor vehicle under the influence of alcohol content of about 2.5 km from around the road in front of the Defendant’s residence in Seopopo City B to the revolving the D Pharmacy located in Seopo-si C, Seopo-si to the revolving intersection.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), the reporting of drivers under the influence of alcohol, the reporting of drivers under the influence of alcohol, the written report of drivers under the influence of drivers under the influence of alcohol, the report on the status of drivers under the influence of alcohol, and the investigation report;

1. Previous for judgment: Criminal records, inquiry reports, reports on the management of, and inquiries into criminal records, etc., and application of Acts and subordinate statutes to report criminal investigations (verification of violations of Article 44 (1) 1 of the Road Traffic Act);

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 with the reason of sentencing under Article 62-2 of the Criminal Act is a situation unfavorable to the defendant, such as the fact that the crime is not good, and the defendant has a criminal record of the same kind.

However, the fact that the defendant recognizes the facts charged and seriously reflects on the facts charged, and the fact that the state is relatively minor is more favorable.

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

[Sentencing Criteria] - No sentencing criteria are set

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