logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.08.14 2019고단540
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 April 29, 200, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Jeju District Court on June 13, 2000. On December 18, 2003, the above summary order was finalized on February 6, 2004 after the above court issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act. On November 22, 2005, the above summary order was issued to a fine of KRW 2.5 million on November 5, 2006, and the above summary order became final and conclusive on December 13, 2012 after being issued to the above court with a summary order of KRW 8 million on February 13, 2013.

Nevertheless, at around 14:02 on March 9, 2019, the Defendant driven E-Trac vehicles while under the influence of alcohol concentration of about 0.145 percent through approximately 600 meters on the road in the Jeju City from the Do entrance B at the Jeju City to the road in front of the Ckimarket.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, and photograph of the accident site;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to a summary order of the same criminal records);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019); the choice of imprisonment for a crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) the defendant's mistake and reflects the defendant's mistake; (b) the criminal records of the same kind of fine are several times; (c) the degree of taking 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 conditions of sentencing specified

arrow