(영문) 제주지방법원 2020.11.25 2020고단2105

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자간(%)

(영문) 제주지방법원 2020.11.25 2020고단2105

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 March 8, 2011, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and a summary order of KRW 1,50,000 as a fine in the same court on January 23, 2014.

On August 13, 2020, at around 02:23, the Defendant driven an E-high fluor car in the state of alcohol 0.149% in the 11km section from the Jeju City B market to the front road located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the drinking driver, investigation report (report on the state of the drinking driver), the status of the drinking driving, and inquiry into the results of the crackdown on the state of the drinking driving;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of summary order of the same kind of crime) 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 recognize and reflects the defendant's mistake, the defendant's previous convictions are two times the criminal records of the same kind of fine, the degree of the taking, the defendant's age, character and behavior, environment, means and result of the crime, and all the other sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined as the sentence

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