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(영문) 제주지방법원 2019.06.21 2019고단49

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 31, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 2 million for the same crime at the Suwon District Court on August 28, 2015.

[Criminal Facts] On December 23, 2018, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at least 08:02, the Defendant driven the F-cracking Motor Vehicle at approximately 2 km from the front of the Erenck road located in Jeju City D at the front of the Erenck in Jeju, while under the influence of alcohol at least 0.175%.

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. Statement of a police investigation report (CCTV image verification) and images (including attached documents);

1. To make inquiries into the results of the control of drinking and driving conducted by the police, report on the situation of drinking drivers, and report on investigation; and

1. Each image of a photograph pertaining to a drunk driving;

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes (including attached documents), recording of investigation report made by the prosecution (including investigation report on the same criminal records and confirmation of the same criminal 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. 15530, Mar. 27, 2018);

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 the Punishment of the Criminal Act” 【The Punishment of the Punishment of the Punishment of the Criminal Act,” 【The Punishment of the Sentence of the Punishment of the Punishment of the Criminal Act, 【The Punishment of the Sentence of the Punishment of the Punishment of the Criminal Act, 【The Punishment of the Sentence of the Punishment of the Criminal Act, 【The Punishment