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(영문) 제주지방법원 2019.02.14 2018고단1395
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 January 31, 2008, the Defendant was sentenced to a fine of KRW 800,000 to a fine for a violation of the Road Traffic Act, etc. at the third military military court of the Army on January 31, 2008, and a fine of KRW 4 million to a fine at the Jeju District Court on April 8, 2015.

On May 19, 2018, around 21:20, the Defendant driven a Fran vehicle under the influence of alcohol content of about 50 meters from the front of the “C” restaurant in Jeju City B to the front of the “E Elementary School” road in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, and a written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be taken into account all the various conditions of sentencing specified in the pleadings of the instant case, and in particular, the following circumstances shall be taken into account: A favorable circumstance; a person’s appeal against his wife is unfavorable: A second offense and a person’s blood alcohol concentration is high even if having been punished twice due to a drunk driving.

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