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(영문) 제주지방법원 2019.02.14 2018고단1230
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 February 25, 2011, the Defendant was issued a summary order of KRW 1.5 million by the Gwangju District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 5 million by the same court on September 16, 2015, respectively.

Nevertheless, at around 20:15 on May 16, 2018, the Defendant driven a sports cargo vehicle in Eco, while under the influence of alcohol of about 0.220% of blood alcohol concentration, from around 3 kilometers of around the restaurant in front of the restaurant where it is impossible to know the trade name in Seopo-si B, Seopo-si to the front road of the agricultural partnership D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (Attachment to summary orders related to violations of Article 44 (1) 2 of the Road Traffic Act);

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. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture shall be taken into account all the various conditions of sentencing specified in the pleadings of the instant case, and in particular, the following circumstances shall be taken into account: The sale of a vehicle reflects the favorable circumstances, and circumstances unfavorable to the sale of a vehicle: The occurrence of recidivism and accident even if having

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