(영문) 제주지방법원 2020.03.25 2019고단2222

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(영문) 제주지방법원 2020.03.25 2019고단2222

도로교통법위반(음주운전)

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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 August 21, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Jeju District Court on August 21, 2006, and on May 23, 2017, a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Jeju District Court on May 23, 201, respectively, and violated Article 44(1) of the Road Traffic Act twice.

Nevertheless, at around 01:40 on August 24, 2019, the Defendant driven a FN-si car at approximately 150 meters away from the C restaurant parking lot located in Jeju-si B to the E-School located in D in the same city, while under the influence of alcohol content of about 0.101%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on the state of his/her oral statement, investigation reports (report on the state of his/her driver), reports on the state of his/her driver, reports on the state of his/her driver, and inquiries into the results of the control

1. Records before judgment: Criminal records, etc. and application of Acts and subordinate statutes for inquiry reports and investigation reports (verification of the fact that they were punished twice for violating Article 44 (1) of the Road Traffic Act);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service include: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are twice the criminal records of the defendant; and (c) the degree of taking the punishment is not less than that of the defendant; and (d) the defendant's age, character and behavior, environment, means and result of the crime; and (e) the various sentencing

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