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(영문) 제주지방법원 2019.08.09 2019고단798

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 December 17, 2007, the defendant was issued a summary order of 1.5 million won by the Jeju District Court for the crime of violation of the Road Traffic Act, and a summary order of 3 million won by the same court for the same crime. < Amended by Presidential Decree No. 2246, Nov. 22, 2010>

[Criminal Facts] On March 13, 2019, the Defendant was a person who violated the provision on the prohibition of driving under the influence of alcohol at least twice, but driven a fluent vehicle at a level of about 50 meters from the front of the main point of Jeju to the front of the E at Jeju, which is in the influence of alcohol at a level of 0.122% under the influence of alcohol at a level of 0.48%.

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 statement related to traffic accidents prepared G;

1. Entry of a report on investigation by the prosecution (at the face of a crime, recorded ctv reproduction verification);

1. Report on the occurrence of a traffic accident prepared by police officers, inquiry into the results of the control of drinking driving, statement on the circumstances of a drinking driver, investigation report, report on 112 case handling records, and report on a traffic accident, respectively;

1. Each image of an accident site photograph;

1. Previous records: Entry of inquiry reports about police preparation, application of Acts and subordinate statutes to investigation reports (including accompanying documents) on the preparation of a prosecutor's office (verification of the same record as a suspect);

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 Punishment of the Criminal Act,” and Article 69 of the Act on Probation, etc. 【Discretionary punishment’ from 6 months to 1 year and 6 months (in case of discretionary mitigation), 【Ruling of the Punishment of the Punishment of the