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(영문) 제주지방법원 2020.06.19 2020고단858

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

At around 17:30 on March 31, 2020, the Defendant driven a Maz car in the section of approximately 200 meters from the roads near the cafeteria located in the Jeju City B to the roads front of the Jeju City, while under the influence of alcohol of 0.241% of blood alcohol level.

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 traffic accident-related persons prepared by the F;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of the driver with the driver with the driver with the driver's license, investigation report, inquiry into the results of the crackdown on the driver with the driver with the driver's license, and report on the accident; and

1. Application of each video statute to a scene photograph;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (3) 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., 【The scope of the applicable sentencing sentence under the Act on the Punishment, etc. of Probation” 【The Punishment of Sentence 1-2-2-6 months or 2-year or 6 months (in the case of discretionary mitigation) 【The Decision of the Sentence 2-year or 2-year imprisonment : the Defendant was sentenced to a summary order of 700,000 won as a result of the violation of the Road Traffic Act from the Jeju District Court on February 1, 1997; the summary order of 1.5 million won as a fine for the same crime from the same court on April 11, 1997; the summary order of 2 million won as a fine from the same court on September 9, 1997; the Defendant committed a traffic accident that the Defendant had parked on the roadside while driving under the influence of alcohol and caused the occurrence of the crime of this case; and the Defendant committed a traffic accident with his blood concentration favorable to him.