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(영문) 제주지방법원 2020.10.23 2020고단1639

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 September 30, 2016, the Defendant was issued a summary order of KRW 1 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

[Criminal Facts] Around 09:00 on June 12, 2020, the Defendant, while under the influence of alcohol at a 0.202% of alcohol level, was driving Cbe New Car at approximately 50 meters from the front of the Jeju-si Btel to the front of the said officetel via the neighboring building, again 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. Entry of the written statements of D;

1. Each entry into the police station's report on the results of the crackdown on drinking driving, the statement of the circumstances of drinking drivers, the investigation report (report on the circumstances of drinking drivers), and the notification of departments reported in the 112 Incident;

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

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 Punishment on the Law’s Punishment】 Imprisonment with prison labor for one year or two years or six months (in case of discretionary mitigation) 【Pronouncement of a Sentence 1 year or two years or six months (in case of discretionary mitigation)’s imprisonment with prison labor for 2 years or more: In addition to the first head of the judgment of the Defendant, the Defendant had a record of being issued a summary order of 2 million won from the Jeju District Court on June 30, 2004 due to the crime of violation of the Road Traffic Act, and the numerical value of blood alcohol concentration measured by the Defendant at the time of the instant crime is high to 0.20%.