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(영문) 제주지방법원 2020.10.22 2020고단2043
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 September 15, 2015, the Defendant received a summary order of KRW 2 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

At around 04:50 on August 6, 2020, the Defendant driven a Dunstet vehicle under the influence of alcohol concentration of 0.199%, from the roads near the “Cran tavern” in Jeju-si, to the “mastal Intersection” in the Gu-si, Jeju-si, the Defendant driven a Dunst vehicle under the influence of alcohol level of 0.19%.

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. A traffic accident report, on-site photograph at the time of the accident, on-site photograph after the accident, on-site photograph, report on the situation of a drinking driver, report on the results of the drinking driving control, report on the results of the drinking driving control, and a report on actual

1. Previous convictions: Inquiry reports, investigation reports (Attachment to summary orders, such as records of drinking alcohol driving), judgment, and application of Acts and subordinate statutes governing summary orders;

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 (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 somewhat weak, the defendant has three criminal records for the same kind of crime, and the degree of the taking of the crime is heavy.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it.

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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