logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.03.28 2018고단1523
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 21, 2016, the Defendant received a summary order of KRW 4 million from Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million from Jeju District Court to a fine for a violation of the Road Traffic Act on December 29, 2017, respectively.

At around 06:40 on June 12, 2018, the Defendant driven an Efran vehicle while under the influence of alcohol 0.171% in a section of about 300 meters from the front of the Jeju City B to the front of the “Dcafeteria” road located in C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking driving, investigation report (report on the state of drinking driving), related photographs, and report on the handling of cases 12 reported;

1. Previous records of judgment: The application of Acts and subordinate statutes to criminal records, inquiry reports on criminal records, reports on the primary emission, inquiry records, criminal records, inquiry reports on criminal records, investigation reports ( twice the records of sound driving), investigation reports (2 times the records of sound driving), and investigation reports (report on hearing the F phone statements of persons for reference);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Article 62 (1) of the Criminal Act (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had two previous convictions in the same way and is in close vicinity to this case, and that the degree of his taking is not easy.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the distance of driving is very long.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

arrow