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(영문) 제주지방법원 2020.03.20 2020고단22

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

[criminal record] On August 31, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Changwon District Court, and a summary order of KRW 1.5 million for the same crime at the same court on October 6, 2014.

[Criminal Facts] On December 24, 2019, the Defendant, while under the influence of alcohol at a 0.057% alcohol level on the roads near the hospital located in Jeju-si, and from Jeju-si to the roads in the front of the E pharmacy located in Jeju-si, violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry of a police officer's report on detection of a drinking driver, a report on the circumstances of a drinking driver, a criminal investigation report (report on the circumstances of a drinking driver), and a report on the results of the crackdown on drinking driving;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the public prosecutor (including attached documents of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 【Scope of the Sentence of the Punishment of Specific Crimes” 【Decision of the Sentence of the Punishment of Specific Crimes” 【Decision of the Punishment of the Punishment of the Punishment of the Specific Crimes (Discretionary mitigation) 【Decision of the Punishment of the Sentence of the Punishment of the Punishment of the Specific Crimes: The judgment of the Defendant, in addition to the first head as stated in the judgment of the court, was sentenced to one year of the suspended sentence, due to a violation of the Act on the Aggravated Punishment, etc. of the Specific Crimes (Doing Vehicles) from the Changwon District Court of October 13, 1994, and the same court of March