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(영문) 제주지방법원 2021.01.22 2020고단2508

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On April 18, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Jeju District Court.

[The facts of the crime] On October 3, 2020, the Defendant, while under the influence of alcohol of 0.114% among the blood transfusion around 22:32, the Defendant driven an Eststren vehicle at approximately 300 meters from the roads near Jeju City to the front roads in Jeju City, and 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 examination protocol against the defendant prepared by the police;

1. Statement report on the situation of the driver who is placed in the police preparation, investigation report (report on the situation of the driver who is placed in the police), inquiry into the results of crackdown on the driving of alcohol, and investigation report (distance from the section of driving under drinking); and

1. Previous conviction: Statement of a response to inquiries made by the police made by the police, application of Acts and subordinate statutes to an investigation report made by the prosecutor (a confirmation of the criminal records of the suspect in the same kind of crime).

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 62-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 59 of the Act on the Aggravated Punishment, etc. of Specific Crimes / The scope of applicable sentences under the law / 1 year or 2 years or 6 months (in case of mitigation of amount, / her sentence) / 1 year or 2 years or 6 months (the sentence of sentence / 1 year or 2 years or more): the defendant's order of summary order of 700,000 won on February 21, 1998 against the violation of the Road Traffic Act from the Jeju District Court on June 20, 2003 as a result of the violation of the Road Traffic Act from the same court