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(영문) 제주지방법원 2019.09.06 2019고단695
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

[criminal power] On April 9, 2013, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Jeju District Court, and on June 9, 2016, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

around 22:03 on March 29, 2019, the Defendant driven a motor vehicle under the influence of alcohol with approximately 0.056% of blood alcohol concentration from the 1km section to the front road in the same city C, around 22:05 on the same day from the front of the B market at Jeju to the front road in the same city C.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated the prohibition of drinking under the Road Traffic Act more than twice.

On May 2, 2019, the Defendant: (a) around 21:37, 2019, the Defendant driven a sprinkler car under the influence of alcohol with approximately 200 meters alcohol concentration of about 0.051% from the 200-meter section to the first road located in H at the same time.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol even though he violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

"2019 Highest 695"

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, the inquiry into the results of the crackdown on the drinking driving, and field photographs

1. Previouss before judgment: Criminal history records, etc. and "2019 Highest 1440";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of the drinking driver, investigation reports, reports on the state of the drinking driver (report on the state of the drinking driver), reports on the state of the drinking driver, and reports on the state of the drinking driver;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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