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(영문) 제주지방법원 2020.12.11 2020고단2294
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 30, 2008, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 3 million for a violation of the Road Traffic Act. On March 15, 2010, the Defendant received a summary order of KRW 2.5 million from the Jeju District Court to a fine of KRW 2.5 million for a violation of the Road Traffic Act.

Nevertheless, at around 02:30 on July 29, 2020, the Defendant driven a d bargaining car under the influence of alcohol concentration of about 0.201% from the 1km section from the front road of Jeju to the front road of Jeju City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, reports on the state of his/her driver, investigation reports (report on the state of his/her driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records: Criminal records, etc. inquiry reports, investigation reports, and application of summary order Acts and subordinate statutes;

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 two times; (c) the primary records are significant; and (d) the defendant's age, character and conduct, environment, means and consequence of the crime; and (c) the various sentencing conditions specified in the records and arguments of this case,

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