(영문) 제주지방법원 2020.01.23 2019고단2306

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(영문) 제주지방법원 2020.01.23 2019고단2306

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 January 4, 2013, the defendant was issued a summary order of a fine of KRW 3 million by the Jeju District Court for a violation of the Road Traffic Act.

On September 21, 2019, at around 13:18, the Defendant driven a e-learning car with a blood alcohol concentration of about 0.195% under the influence of alcohol in the five-meter section from the roads near C High School located in B at Jeju to the front of D at Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the violation of the Road Traffic Act (driving), reports on driving under the influence of a driver, reports on the actual state of a driver under the influence of a driver under the influence of a driver under the influence of a driver under the influence of a driver under the influence of a driver under the influence of a driver under

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is an unfavorable circumstance, such as the operation of the crime in drinking condition, the nature of the crime is not weak, the degree of the driving of the crime is very heavy, and the defendant has a criminal record of the same kind.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the distance of driving is short.

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

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