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(영문) 제주지방법원 2019.05.03 2018고단2066

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 25, 2014, the Defendant issued, at the Jeju District Court, a summary order of a fine of three million won for a violation of the Road Traffic Act (driving) and on October 14, 2014, a summary order of two million won for the same crime at the same court.

[Criminal Facts] On August 21, 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 0.114% of alcohol level on August 21, 2018, driving the E-Poter vehicle at approximately 1km from the front of Seopo City B to the front of Seopo City C in Seopopo City C.

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 detection of a driver of the police station, report on the status of a driver of the driving of the police station, investigation report, circumstantial statement of a driver of the driving of the driving of the driver station, and statement in each protocol of the results of the crackdown on

1. Previous records: Statement of inquiry inquiry report about police preparation, application of Acts and subordinate statutes to investigation report (including attached documents) on the preparation of a prosecutor's office;

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. is 【Scope of the sentence to be sentenced under the law” 【6 months or one year and six months (in the case of discretionary mitigation) of imprisonment with prison labor for 6 months or 1 year and 6 months (in the case of discretionary mitigation), the Defendant, who was sentenced one year to a suspended sentence, has the record of being punished twice as a crime of violating the Road Traffic Act (driving) as seen in the first head’s criminal record as seen in the judgment of the first head. The blood alcohol concentration measured by the Defendant at the time of the instant crime