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(영문) 제주지방법원 2019.07.22 2019고단654
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 December 8, 2015, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site, and on January 5, 2016, the above summary order became final and conclusive on January 5, 2016. On December 15, 2015, the above court issued a summary order of KRW 2 million as a fine for the same crime and conducted drinking driving on at least two occasions on January 12, 2016, including where the above summary order has been finalized.

Nevertheless, on February 28, 2019, at around 13:15, the Defendant driven a d bargaining car under the influence of alcohol concentration of about 0.204 percent from the Do adjacent to the reservoir B, Scmarket to the front road of the etern C in the etern City.g., about 3 km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, report on the results of the drinking driving control, report on the state of drinking drivers, and report on the handling of cases 112; and

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order, etc. attached to the same type of crime records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act is a disadvantage to the defendant with the reasons for sentencing two times the same criminal records and the high level of taking the principal place.

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 shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set

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