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(영문) 제주지방법원 2020.03.27 2020고단64

도로교통법위반(음주운전)등

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 November 14, 2019, the Defendant was issued a summary order of a fine of three million won by the Jeju District Court for the crime of violation of the Road Traffic Act.

[criminal facts] On January 6, 2020, the Defendant, while under the influence of alcohol 0.267% without obtaining a driver's license on January 6, 2020, 200, she operated Etet Motor Vehicles at approximately 2 km from the roads near the main place of "C" located in Jeju-si to D in Jeju-si, 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 interrogation protocol on the accused prepared by the police;

1. Report on the occurrence of a traffic accident by police preparation, report on a traffic accident, report on the situation of a driving driver, investigation report, investigation report, inquiry into the records of a driving under influence of alcohol, inquiry into the records of a driving under influence of alcohol, notification to the department reported in the 112 Incident, making an inquiry into the motor vehicle of the accused, and entry into the register of a driver's license for motor vehicles against the accused;

1. Each image of an accident site photograph;

1. Previous records: Statement of inquiries into police preparation and statement of inquiry report, application of Acts and subordinate statutes (including attached documents) of investigation report on the preparation of a public prosecutor's report (a confirmation of judgment on the same kind of suspect'

1. Driving under the influence of alcohol as stated in the relevant legal provisions on criminal facts: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Among the crimes of holding a regular concurrence: Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

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 grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are 【Scope of the sentence to be imposed by law”