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(영문) 제주지방법원 2020.11.11 2020고단2157
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 July 10, 2017, the Defendant received a summary order of KRW 3 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

At around 02:10 on July 6, 2020, the Defendant driven a F human-free car at approximately 800 meters away from the roads near “C” in Jeju City to the front parking lot of “Egy” located in D, and at least 00 meters, while under the influence of alcohol concentration of 0.209%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the statement of the status of a driver of the driving line, the request for appraisal by the National Science Investigation Agency, the report on the statement of the status of the driver, and the criminal records, etc. inquiry reports, and investigation reports

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 Social Service Order Criminal Act include: (a) the Defendant repeated again in a short period; (b) the blood alcohol level was high; and (c) the occurrence of an accident during drunk driving; (b) there was no previous conviction other than the Defendant’s judgment; (c) personal injury was not caused; and (d) the Defendant’s age, character and conduct, family relationship, environment, details and result of the crime; and (d) various circumstances shown in the arguments of this case, including the circumstances after the crime, shall

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